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Pierson v. Post: Difference between revisions
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according to | according to | ||
# Daniel Tompkins | #Daniel Tompkins | ||
# '''''Fleta''''' (a British source of Common Law) | #'''''Fleta''''' (a British source of Common Law) | ||
# Justinian (Eastern Roman ruler) | #Justinian (Eastern Roman ruler) | ||
# Henry of Bracton (1210 - 1268) | #Henry of Bracton (1210 - 1268) | ||
# Samuel von Pufendorf (1632 - 1694) | #Grotius (1583 - 1645) | ||
# William Blackstone (1723 - 1780) | #Samuel von Pufendorf (1632 - 1694) | ||
#William Blackstone (1723 - 1780) | |||
|comments='''Henry Livingston''' (future SCOTUS justice 1757 - 1823) dissented: Pursuit of a wild animal is sufficient to acquire possessory rights over it. | |comments='''Henry Livingston''' (future SCOTUS justice 1757 - 1823) dissented: Pursuit of a wild animal is sufficient to acquire possessory rights over it. | ||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
Revision as of 20:56, April 24, 2024
| Pierson v. Post | |
| Court | New York Court of Appeals |
|---|---|
| Citation | 3 Cai. R. 175 |
| Date decided | 1805 |
Facts
- Mr. Post = an enthusiastic fox hunter
- Mr. Pierson = killer of the fox that Mr. Post was hunting
- Post claimed ownership of the dead fox in the early 1800s in the state of New York
- Pierson refused to hand over the dead fox
Procedural History
Post (regular fox hunter) sued Pierson for trespass.
Post won in the trial court.Issues
- Can a person obtain property rights over a wild animal merely by chasing it during a hunt?
- Who owns a dead animal?
Holding
Judge Daniel Tompkins (the future VP of the United States): Pierson acquired ownership of the fox when he killed it.
Judgment
Reversed
Rule
Pursuit alone is not enough to give the pursuer property rights
according to
- Daniel Tompkins
- Fleta (a British source of Common Law)
- Justinian (Eastern Roman ruler)
- Henry of Bracton (1210 - 1268)
- Grotius (1583 - 1645)
- Samuel von Pufendorf (1632 - 1694)
- William Blackstone (1723 - 1780)
Comments
Henry Livingston (future SCOTUS justice 1757 - 1823) dissented: Pursuit of a wild animal is sufficient to acquire possessory rights over it.
Resources
