The owner of land pursuing a livelihood with animals on his land is deemed to have possession of the animals.
a12
The fox was mortally wounded.
a9
Pursuit is sufficient to obtain possession when the animal
is mortally wounded.
Pursuit is not sufficient to acquire possession.
a2
Puffendorf a7 Property rights in wild
animals may be acquired only by possession.
a1
Post, by pursuing the fox, did not acquire property
in the fox.
Post was pursing his livelihood on his own land
Post did not have possession of the fox.
Peace and order is an important social value.
a14
Keeble a13 Justinian's
Institutes a3
Grotius a11 Foxes are wild animals.
Fleta a4
Bynkershoek a8
Bracton a5
Barbeyrac a10
Actual corporal possession is required.
a6
A bright-line rule creates legal certainty, preserving
peace and order.