Pierson v Post is an 1805 decision of the Supreme Court of New York that founded the American law of first possession over wild animals. Post was hunting a fox with hounds across an open, unowned beach when Pierson, aware of the chase, intercepted and killed the fox himself. Post sued in trespass, arguing his pursuit gave him a right to the fox. The court held that mere pursuit of a wild animal does not create possession or ownership; a hunter must actually capture, mortally wound, or otherwise bring the animal under certain control to establish a legal claim to it. The decision remains the standard teaching case on how ownership of previously unowned property is first acquired.
Facts
Decision Year HoldingHeld that mere pursuit of a wild animal creates no property right in it; only actual capture, mortal wounding, or securing control of the animal vests ownership in the pursuer. 2 Current StatusRemains the leading American precedent on first possession of wild animals and is included in nearly all Anglo-American property law casebooks. 2 Case Status
Case Status (category) Connections
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Sources
1. Wikidata: Pierson v Post
Source: foundational case in property law, still cited as leading authorityView the Source 2. Pierson v Post (Wikipedia)
Wikipedia contributorsInfobox: date decided
1805
Wikipedia section Majority opinion, concluding sentence
mere pursuit gave Post no legal right to the fox, but that he became the property of Pierson, who intercepted and killed him.
Wikipedia lead section, casebook sentence
for this reason Pierson v. Post is included in nearly all Anglo-American property casebooks.
In Group: Possession and Title Cases, Introduction, sentence 3
It was a case where the labor theory of property and the first possession theory of property clashed.
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