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New York Supreme Court of Judicature - 3 Cai. 175
Tags: Property, Possession
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The case concerns whether chasing a fox with hounds gives a huntsman property rights over the animal, and if killing the fox by another person is a violation of those rights. The court ruled that property in wild animals is only acquired by actual physical possession, not by mere pursuit. Pursuit alone does not give any legal right to the animal. The court found no support for a different decision in ancient legal principles or English cases. The case does not meet the criteria for occupancy according to Puffendorf, Grotius, or Barbeyrac. The lower court's judgment was erroneous.
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