Pierson v Post, S.Ct of New York. 3 Cai. R. 175 (1805)

This property primer was born of a dispute that occurred in the early days of the 19th century. It happened along a stretch of beach in Southampton, New York. Two men, Lodowik Post and Jesse Pierson became entangled in a legal battle after Pierson killed the very fox that Post and his hunting company were pursuing. Pierson was aware of Post and his hunting party, but killed and took the fox anyway. Each man declared that the fox was his: Post because he pursued it and Pierson because he had killed it. The case eventually went before the Supreme Court of New York. New York's Supreme Court held that with respect to ferae naturae (wild animals), pursuit alone is not sufficient to establish possession. At minimum, mortal wounding in addition to pursuit might be sufficient to establish ownership because it demonstrates the pursuer's clear intent to own. Calling Pierson's actions, "uncourteous", the Court nevertheless holds for Pierson.

Pierson v Post is studied today to introduce how a world becomes propertized. But the case is laden with history not portrayed in this student's case book. According to Bethany Burger's article, "It's Not About the Fox: The Untold History of Pierson v. Post", (2006) 55 Duke L.J. 1089, underlying class tension and Southampton's politics may have served to exacerbate the dispute between Mr. Pierson and Mr. Post. To learn more about this case and a history of Southampton, Wikipedia's entry provides a nice overview of the case and links to other resources. Ms. Burger's article can be found here: FOX. The article offers a detailed discussion of the case and the history of Southampton, New York. Of particular interest is the passage that indicates precisely where the incident occurred.

Southampton, New York is located on the south-eastern coast of Long Island. Located on the marshy beach is a dot of land called Peter's Pond. A GoogleMaps or GoogleEarth search on these coordinates will yield the location "40.917824,-72.261414". According to Bethany Burger's article, it is near Peter's Pond that Pierson is said to have spotted the fox. But the dispute over property did not end with the Court's holding on this case. Southampton is a popular summer retreat for families and some of America's wealthiest alike. Ira Rennert, millionaire industrialist built his sprawling 63-acre estate near Peter's Pond (http://en.wikipedia.org/wiki/Ira_Rennert). The mansion is visible from the beach and surrounding low lands. It caused an uproar when it was built ("Millionaire's Mega-Mansion Shocks Even the Hamptons", by Jane Gross, New York Times - Published: August 23, 1998).

For those of us who are too busy with class to venture out to Long Island, I called in a favor. I contacted a certain Artist who lives in the area and said, "Dad, could you take some pictures, please?"

Welcome to Peter's Pond, Southampton, NY.