Grey brought an action of trespasse against Bartholmew : the case was : A man did purchase divers fishes, viz. carpes, tenches, trouts, Be. arid put them into his pond for store, and then died.
The question was, whether the heire or the executors should have the fish.
Held: It was a felony to steal fish out of a trunk or some narrow place, where they are put to be taken at will and pleasure; but it is otherwise where they are put into a pond.
Citations:
[1650] EngR 91, (1650) Owen 20, (1650) 74 ER 869 (C)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Borwick Development Solutions Ltd v Clear Water Fisheries Ltd ChD 24-Jul-2019
Dispute as to ownership of fish in fishing lake on its sale, and whether solar panels were fixtures. The fish had been purchased for the fishery. Small fish might escape through meshes, but larger fish were captive. The contract of sale of the land . .
Cited – Borwick Development Solutions Ltd v Clear Water Fisheries Ltd CA 1-May-2020
Only Limited Ownership of pond fish
BDS owned land with closed fishing ponds. They sold the land to the respondents, but then claimed that the fish, of substantial value, were not included in the contract. The court as asked whether the captive fish were animals ferae naturae or . .
Lists of cited by and citing cases may be incomplete.
Animals, Torts – Other
Updated: 22 November 2022; Ref: scu.416911
