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Pursuit alone gives no right of property in animals feroe naturoe. Therefore an action will not lie against a man for killing and taking one pursued by, and in the view of, the person who originally found, started, chased it, and was on the point of seizing it.
Lodowick Post was out with his hounds chasing a wild fox, when Pierson knowing the fox was being chased, shot and killed it. Plaintiff Post brought an action against defendant Pierson for trespass, and the trial court ruled in his favor. Defendant appealed, arguing that plaintiff had no rights in the fox merely because he was chasing it.
Whether a person can claim legal possession of a wild animal by merely chasing it.
The court held that merely chasing a wild animal does not give a person any claim to possession over it. The animal must be fully captured or killed to constitute possession in law.