Bifalgorithm post · Property · Wild Animals
Court Holding
Court Holding (Property · Wild Animals) — "The court held that a fox is an animal ferae naturae and that property in such animals is acquired by occupancy only…
Ideas in this flowchart
- Rules governing property and possession in wild animals
- A fox is an animal ferae naturae, and property in such animals is acquired only by occupancy.
- Justinian, Fleta, Bracton, and Puffendorf establish the governing rule.
- Mere pursuit gives the huntsman no property or legal right to the animal.
- Post therefore acquired no legal right through pursuing the fox.
- Pierson acquired the fox’s property when he intercepted and killed it.
- Actual bodily seizure is not indispensable in every case.
- Mortal wounding may establish possession when the pursuer does not abandon the pursuit.
- Wounding establishes possession when it shows an unequivocal intent to appropriate, deprives the animal of natural liberty, and brings it under certain control.
- Nets, toils, or other means that make escape impossible may also establish possession.
- This possession belongs to those whose industry and labor apprehended the wild animals.
