Pierson v. Post
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| 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 December 1802 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.
The court ruled in favor of PiersonJudgment
Reversed
Reasons
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
