Sutton v. Moody

91 Eng. Rep. 1063, 1 Ld. Raym. 250 (1698)

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Sutton v. Moody

Court of King’s Bench
91 Eng. Rep. 1063, 1 Ld. Raym. 250 (1698)

Facts

A hunter (defendant) broke into a landowner’s (plaintiff) close of land and killed 100 conies (i.e., rabbits). The landowner sued for damages, claiming the conies taken by the hunter belonged to the landowner. Judgment was entered for the landowner, and a motion for arrest of judgment was filed, arguing that conies were ferae naturae (i.e., wild animals), which the landowner, not in possession of a warren, could not claim by possession or privilege.

Rule of Law

Issue

Holding and Reasoning (Holt, C.J.)

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