PIERSON V. POST 3 Cai. R. 175, 2 Am. Dec. 264 (N.Y. 1805) CASE BRIEF

PIERSON V. POST

3 Cai. R. 175, 2 Am. Dec. 264 (N.Y. 1805)

NATURE OF THE CASE: This was an action for trespass on the case. Pierson (D) appealed a decision of a state court, which held that Post (P) had rights to a fox he was chasing and suffered injury when D shot and killed it, knowing it was being chased.

FACTS: Post (P) was hunting a fox with his hounds. Pierson (D) saw this happen and yet killed and captured the fox, claiming that P did not have control over it. The land upon which they were hunting was uninhabited, and nobody was in possession. P sued in trespass on the case. P contended that he acquired title to the fox because he was the first to hunt it. P won. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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