Ask legal questions ... get legal answers.

Pierson v. Post (property law)

i like this post (click again to cancel)
0
i dont like this post (click again to cancel) remove favorite mark from this question (click again to restore mark)

What were the issue and holding in Pierson v. Post (1805)?

asked Jan 09 '11

LegalEagle gravatar image LegalEagle
1 2

2 Answers:

i like this answer (click again to cancel)
0
i dont like this answer (click again to cancel)

According to eCaseBriefs. See: http://www.ecasebriefs.com/blog/law/property/property-law-keyed-to-dukeminier/first-possession-acquisition-of-property-by-discovery-capture-and-creation/pierson-v-post/

Issue. Does a person obtain possession of a wild animal by chasing it?

Held. No. Judgment reversed. Merely finding and chasing a wild animal does not give a person possession. Even merely wounding the animal will not give right to possession. The animal must be captured or killed in order to constitute possession.

link

posted Jan 09 '11

Dmitrii gravatar image Dmitrii
1 1
i like this answer (click again to cancel)
0
i dont like this answer (click again to cancel)

By the way, you may ask "Why do cases about wild animal capture matter for property law?"

These cases are often used to interpret more common modern issues, such as courts having to deal with a fugitive resource like oil and gas. Oil and natural gas collect in reservoirs under acres of land and can cause issues over who owns the right to create a well and mine from a pool that rests under the property of multiple landowners. The same reasoning concerning property starts to apply to these types of cases as was used in the classic wild animal cases.

link

posted Jan 09 '11

Dmitrii gravatar image Dmitrii
1 1

updated Jan 09 '11


Your answer

Please start posting your answer anonymously - your answer will be saved within the current session and published after you log in or create a new account. Please try to give a substantial answer, for discussions, please use comments and please do remember to vote (after you log in)!
[hide preview]

Tags:

Asked: Jan 09 '11

Seen: 19 times

Last updated: Jan 09 '11

Copyright LawChimp, 2010. All rights reserved.

Disclaimer: This website discusses legal issues, but does not constitute legal advice in any respect.
No reader should act or refrain from acting on the basis of any information presented herein without seeking the advice of counsel in the relevant jurisdiction.
LawChimp expressly disclaims all liability in respect of any actions taken or not taken based on any contents of this website.