Pierson v Post 3 Cai. R. 175 (Supreme Court of New York 1805) Plaintiff: Pierson Defendant: Post Procedure: Trial court found in the favor of Post; Certiorari granted to Pierson RULE OF LAW: Ownership of ferae naturae animal occurs upon taking possession by means of physical or netting of said animal. FACTS: Post was giving chase to fox of ferae naturae which was intercepted by Pierson who killed and then took possession of said fox. ISSUE: At what point does an individual take ownership of a ferae naturae in terms of a hunt on unpossessed and waste land? HOLDING AND REASONING: Reversed – Post was within the rights as the establishment of ownership does not occur until actual possession has occurred as established by precedent opinions CONCURRENCE: DISSENT: Livingston – States the because there was a high probability of obtaining ownership of the fox by Post that the court should err on the side of the intent and probability and as given in previous cases in other types of hunting and sport be affirming the case as a result. JUDGMENT: Reversed in favor of the Plaintiff (Pierson) Notes & Questions: Ferae Naturae – Wild by Nature Ratione Soli – By reason of the soil hostem humani generis – Enemy of the human race mortuis nil nisi bonum – do not speak ill of the dead tempora mutantur – times change