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Pierson v Post

Property Law

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
1805 2
Holding
Held 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 Status
Remains 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)
Controlling Precedent 1
Connections

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Also in Geography Atlas: where this subject is found.

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 contributors
  • Infobox: 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.
View the Source
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