Shepard v. Leverson

2 N.J.L. 392 (1808)

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Shepard v. Leverson

New Jersey Supreme Court
2 N.J.L. 392 (1808)

Facts

Leverson (plaintiff) placed oysters in a public river in which any person was permitted to fish. Though oysters are stationary once placed in the sand, through reproduction they may proliferate throughout the river. Shepard and Layton (defendants) removed 1,000 oysters from the area where Leverson had established a bed, and Leverson brought an action of trover and conversion against Shepard and Layton. Leverson argued that his oysters were not added to the river’s common stock because he had placed his bed in an area separate from others and had regularly returned to the bed and took oysters. Leverson did not have any grant or title to the space where he placed the oysters, nor did he claim any other private right to fish in that portion of the river. Leverson claimed that ownership of the oysters was vested in him by occupancy and that his property right could not be terminated unless he abandoned the oyster bed. Similar oyster beds were maintained by others elsewhere in the river. The members of this community, through mutual agreement, did not disturb the beds of others because it was considered mutually beneficial for oysters to exist and reproduce in the river. The trial court agreed with Leverson, after which Shepard and Layton appealed.

Rule of Law

Issue

Holding and Reasoning (Kirkpatrick, C.J.)

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