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) began hunting a wild fox, chasing and pursuing it with his hounds. Seeing Post’s efforts and wanting to prevent him from securing the fox, Pierson (defendant) captured, killed, and carried away the fox. Post brought a trespass suit against Pierson. Post claimed that his pursuit of the fox gave him a property interest in the fox and that Pierson interfered with that interest. The lower court held in Post’s favor, agreeing that he had 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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