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Long Island, Legal History, and Pierson v Post

Pierson v PostPierson v PostWhen Jessie Pierson and Lodowick Post argued over a fox in early 19th century Southampton, on Long Island, NY, they probably didn’t think the resulting court case would echo down the ages.

Yet here we are 220 years later talking with legal historian Angela Fernandez about the odd, improbable history of Pierson v Post.

The 1805 New York foxhunting case has long been used in American property law classrooms to introduce law students to the concept of first possession by asking how one establishes possession of a wild animal.

A professor of law and history at the University of Toronto, Fernandez has delved deep into the case. Her “legal archaeology” uncovered important, presumed-lost information on the early phases of the proceedings.

Her 2018 book Pierson v. Post, The Hunt for the Fox: Law and Professionalization in American Legal Culture unpacks more of the impact and context around the decision.

On this episode of the Long Island History Project podcast, the local history surrounding the case, more about the Piersons and the Posts, and the surprisingly whimsical inner life of the legal profession.

Listen to the episode here.

The Long Island History Project is an independent podcast featuring stories and interviews with people passionate about Long Island history. It is hosted by academic librarian Chris Kretz.

See more New York Almanack podcasts announcements.


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