Pierson v. Post

3 Cai. R. 175, 2 Am. Dec. 264 (N.Y. 1805)

Facts

Post (P) was hunting a fox with his hounds. Pierson (D) saw this happen and yet killed and captured the fox, claiming that P did not have control over it. The land upon which they were hunting was uninhabited, and nobody was in possession. P sued in trespass on the case. P contended that he acquired title to the fox because he was the first to hunt it. P won. D appealed.