The Superiority of Possession 1805
Pierson v. Post (1805), Popov v. Hayashi (2002)
PIERSON v. POST – 3 Cai. R. 175, 1805 N.Y. LEXIS 311
RULE: Pursuit alone does not confer property rights in feroe naturoe animals. As a result, no action will be taken against a guy who kills and takes a person who was being pursued by, and in the view of, the person who first discovered, started, chased, and was about to seize it.
FACTS: Lodowick Post was hunting a wild fox with his hounds when Pierson, seeing the fox was being pursued, shot and killed it. Plaintiff Post filed a trespass suit against defendant Pierson, and the trial court found in his favor. Plaintiff had no rights in the fox just because he was chasing it, according to the defendant.