Pierson v post supreme court of judicature of new york 3 cai r 175 (1805) [post was chasing a fox during a fox hunt pierson interfered with the hunt by killing the. Michigan law review introduction pierson v post was decided in 1805, just over two hundred years ago' it is famous today as the leading case for the proposition that private property. Pierson v post has been made famous by its use in american property law classrooms since the 1950s it is often the first case law students study in property as it provides an introduction to the concept of first possession and how one acquires possession in a wild animal, the fox, owned by no one. The 1805 new york foxhunting case pierson v post has long been used in american property law classrooms to introduce law students to the concept of first possession by asking how one establishes possession of a wild animal.
Pierson v post is an early american legal case from the state of new york that later became a foundational case in the field of property law the case involved an incident that took place in 1805 at an uninhabited beach near southampton, new york , on the southeastern coast of long island. The case of pierson v post is “one of the old chestnuts of property law” it is usually included as one of the first cases in a first-year property casebook, which means that pierson is often one of the first cases that incoming law students struggle with during their first week of law school. Pierson v post, 3 cai r 175, 2 am dec 264 (ny 1805), is a supreme court of new york case about a disagreement over a dead fox that serves as an important cornerstone in common law legal education background.
Pierson v post deciding court: supreme court of new york parties: pierson v post procedural history: appellate court ruled in favor of post facts: post was in pursuit of a fox on a beach with his dogs and hound pierson having well known the fox was being chased by post and his hounds, caught up read more. 1 pierson v post: the new learning daniel r ernst for a very long time, all that was known about pierson v post, was what appeared in caines’s reports and a newspaper article published well after the fact, an account in the sag harbor express of october 24, 1895, by the judge and local historian henry parsons. Post and his dogs hunted, chased and pursued a fox along the beach pierson was aware of the chase, and he killed the fox and carried it off post claimed a legal right to possession of the animal, and the lower court agreed with him. Pierson v post supreme court of new york, 1805 3 cai r 175 facts: post was chasing a fox when all of the sudden pierson popped out of nowhere and killed the fox and took it away post sued pierson, claiming that he should rightly own the fox because he was the one chasing it the trial court ruled.
Procedural history: description of events post, being in possession of certain dogs and hounds under his command, did, upon a certain wild and uninhabited, unpossessed and waste land, called the beach, find and start one of those noxious beasts called a fox, and whilst there hunting, chasing and pursuing the same with his dogs and hounds, and when in view thereof, pierson, well knowing the. Pierson v post 3 cai r 175, 2 am dec 264 (1805) post was out fox hunting he chased a fox until it got tired, but before he could catch it, pierson wandered by and caught the fox, killed it, and kept it. Following is the case brief for pierson v post, new york court of appeals, (1805) case summary for pierson v post: post was a fox hunter in pursuit of a specific fox.
View this case and other resources at: citation 3 cai r 175, 1805 ny brief fact summary one man chased and pursued a fox, but another man. Pierson v post property law case brief subject: wild animals original possession case overview: post (p) sued after pierson (d) killed and carried off a fox that post was on the verge of catching in a fox hunt. 3rd grader responds to the classic question in property regarding first possession -- who gets the fox. This famous 19th century case is required reading for law students in the us it decides the question of when/if a hunter has ownership of an animal he is pu. Pierson v post facts-plaintiff was hunting a fox on an uninhabited beach when the defendant killed the fox and carried it off, knowing that the other was hunting.
Procedural history pierson (killer) vs post (pursuer) post won in the lower court pierson won in the supreme court facts post was hunting a wild fox, on “unpossessed lands” he found and pursued a fox. Post (plaintiff) was hunting a fox and pierson (defendant), seeing this, captured and killed the same fox post brought a trespass suit claiming that he had legal possession of the fox the lower court found in favor of post. 3 cai r 175 (1805) pursuit alone does not grant property rights over a wild animal must have “occupancy” over the animal (man kills and keeps fox already being pursued by the dogs of another hunter) law requires actual possession before property rights are granted over wild animals fatally wounded animals may not be pursued [. Pierson v post supreme court of judicature, august term, 1805 3 caines 175 opinion of the court tompkins, j delivered the opinion of the court this cause comes before us on a return to a certiorari directed to one of the justices of queens county the question submitted by the counsel in this cause for our determination is, whether lodowick post, by the pursuit with his hounds in the.
Moreov er, the d ead fox was worth little to pierson and n othing to post y et livingston’ s opinion ha s been taken to mean that the hunter ’ s efforts should be re warded with the fox pel t. Pierson v post supreme court of judicature of new york 3 cai r 175 1805 ny lexis 311 august, 1805, decided this was an action of trespass on the case commenced in a justice's court, by the present. Parties: pierson v post procedural history: appellate court ruled in favor of post facts: post was in pursuit of a fox on a beach with his dogs and hound pierson having well known the fox was being chased by post and his hounds, caught up to the fox, caught it, killed it, and carried it off post is defendant even though he was the one in.