Pierson v. Post

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

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Pierson v. Post

New York Court of Appeals
3 Cai. R. 175, 2 Am. Dec. 264 (1805)

  • Written by Jamie Milne, JD
Pierson v. Post

Facts

Lodowick Post (plaintiff) was hunting a fox, and Pierson (defendant), seeing this, captured and killed the same fox. Post brought a trespass suit against Pierson, claiming that Pierson had interfered with Post’s legal possession of the fox. The lower court held in Post’s favor, agreeing that pursuing the fox had given Post a property interest in the fox. Pierson appealed. [Editor’s Note: This case was decided by the New York Supreme Court. In modern times, that name refers to a trial court. However, the name referred to an appellate court at the time this case was decided. Consequently, the name of the modern equivalent is used in the case title.]

Rule of Law

Issue

Holding and Reasoning (Tompkins, J.)

Dissent (Livingston, J.)

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Key Terms

  • OccupancyThe possession of, or an action rendering no doubt that the owner will take possession of, a piece of property.
  • PossessionThe occupancy or control of property.

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