Corporeal Possession Of Fish

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Fish in the ocean are feroe naturoe. Therefore, fish fall under the holding in Pierson v. Post, where occupancy of feroe naturoe is defined as the corporeal possession of them. The corporeal possession of feroe naturoe requires the beast be mortally wounded, greatly maimed, or ensnared in such a manner that makes escape impossible; pursuit is not enough. Based upon this definition of corporeal possession, Cassandra has a better claim to the fish. Alexis’ net did not kill, mortally wound, or greatly maim the fish. So, to satisfy the necessary element of corporeal possession the fish would need to be ensnared in a manner that makes escape impossible. While many fish were trapped, and were not likely to escape on their own, others did escape,

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