Pierson v. Post [1805]
3 Cai. R. 175 (N.Y. Sup. Ct. 1805) · Supreme Court of Judicature of New York · New York, United States
Summary
Classic first possession case in property law.
Facts
Post pursued a wild fox, but Pierson killed and took it.
Issue
Does pursuit alone create property rights in a wild animal?
Held
No. Occupancy required capture or mortal wounding.
Ratio Decidendi
Property in wild animals generally requires actual possession or certain control.
Reasoning
Clear property rules reduce uncertainty and disputes.
Significance
Classic first possession case in property law.
Related Cases
No related cases listed.
Exam Tips
Review the ratio and reasoning before applying this case in problem questions.