Acquisition by Capture – Cases Flashcards
Pierson v. Post (Maj.)
Sportsmen
Pursuit alone vests no property or right in a huntsman; even pursuit, accompanied with wounding, is equally effectual for that purpose unless the animal is actually taken.
Thompkins Substitutes for First Possession:
1) Mortal wounding / greatly maiming and not abandoning pursuit
2) Deprivation of natural liberty
3) Nets and Toils
An animal must be mortally wounded or trapped such that capture is almost certain; one in the process of trapping an animal has not yet achieved possession.
PIERSON WINS.
Common Law Rule of Capture
First in Time:
(1) First to possess
(2) Pursuit, mortally wound, capture is practically certain
Pierson v. Post (Diss.)
Property in wild animals is acquired when the pursuer is within reach or has reasonable prospect of taking physical possession.
Pierson v. Post (Livingston)
Should be submitted to the arbitration of sportsmen
Pierson v. Post
Efficiency v. Welfare
Efficiency: Pierson was more efficient in killing the fox
Welfare: Society is better when there are less quarrels and there is more certainty
Ghen v. Rich (Nelson)
CUSTOM
Pursuer of ferae naturae that mortally wounds it and abandons the chase may have property rights where there is a custom.
Possession by Custom:
Custom or usages in a trade or activity determinez possession
CUSTOM: MARKS OF APPROPRIATION WITH BOMB LANCE
Ferae Naturae had a SPECIAL CHARACTERISTIC that made it impossible for Ghen to possess the whale right after he killed it
Ghen v. Rich
Reward the Labor Theory
GHEN DID ALL THAT HE COULD
Keeble v. Hickeringill
MALICIOUS INTERFERENCE WITH A TRADE
Malicious Interference with a trade:
1) Engaged in Trade
2) Interference with trade
3) Malicious Act
A property owner has a right to make lawful use of his property for profit without malicious interference of others.
First possession not necessary here:
Keeble was luring ducks to his decoy pond.
Keeble v. Hickeringill
Ratione Soli
Owner of land has possession of wild animals on his land
Spindletop
No claim of constructive possession for fugitive resources
Hammonds
If a fugitive resource escapes or it is restored to its natural free state, then
1) Dominion of any person over the resource is over
Exception: Re-injection of gas or oil
Schoolmaster Case
Lured kids to his new school, did not scare them away from old school so they would attend
Groundwater
Common Law / Minority
Landowners over aquifers can withdraw freely without regard to effect on neighbors
Only 3 states follow
Groundwater
Majority
Wasteful uses of water that harm neighbors are unreasonable and unlawful
Groundwater
Western States
First in time
One who first captures water and puts it to REASONABLE + BENEFICIAL use has superior rights over later capturers
