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Editing Property Dukeminier/Outline
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==Acquisition by Capture (13-34)== | ==Acquisition by Capture (13-34)== | ||
Pierson v. Post (1805) – Post was pursuing a wild fox with his hounds, and at the last moment Pierson, who knew Post was in pursuit, killed the fox and carried it away. Issue is "what acts amount to occupancy, applied to acquiring right to wild animals?" Actual bodily seizure of the animal is not 100% necessary to acquire right to/possession of animal; HOWEVER, the person claiming title must have mortally wounded the animal, or captured the animal by nets, etc. in such a way that the animal has been deprived of its natural liberty and escape rendered impossible. Such steps taken by the pursuer of the animal "manifests an unequivocal intention of appropriating the animal to his individual use." Because Post was only in pursuit of the animal and had not yet wounded, killed or captured it, Pierson obtained rightful title to the animal when he killed it.PIERSON WINS.LIVINGSTON DISSENT: Berbeyracs theory should be adopted. Post should have won because he was in pursuit with hunting dogs and was within reach or had a reasonable prospect of capturing the animal, were it not for Piersons intervention.Popov v. Hayashi (2002) – The case about Barry Bonds 73rd home run ball. Popov almost caught ball, but was then swarmed by other fans and fell to the ground. Hayashi was also knocked to the ground. While on the ground Hayashi saw the ball, picked it up, stood up, and put the ball in his pocket.Class 2: Right to Exclude; What Can Be Property?Readings: 37-44; 62-81; 97-102 | |||
Popov v. Hayashi (2002) – The case about Barry Bonds 73rd home run ball. Popov almost caught ball, but was then swarmed by other fans and fell to the ground. Hayashi was also knocked to the ground. While on the ground Hayashi saw the ball, picked it up, stood up, and put the ball in his pocket.Class 2: Right to Exclude; What Can Be Property?Readings: 37-44; 62-81; 97-102 | |||
==Right to Exclude (p. 37)== | ==Right to Exclude (p. 37)== | ||