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from Part II - Allocation of Rights
Published online by Cambridge University Press: 21 October 2021
Pierson v. Post addressed the ownership of a fox where one party began the process of capturing the fox, but encountered another party who interrupted the pursuit and killed the fox.1 The chase occurred on the beach, which the court labeled as a wasteland, meaning that the fox was not considered a part of anyone’s private land claim. The original opinion centers on the process by which a person may acquire a first right of ownership. The parties agreed that ownership of a wild animal results only from establishing occupancy – otherwise known as first possession. The question before the court, then, became what acts properly establish occupancy or possession.
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