A quantity of carp was stolen from a private pond.
Held: the fish were the property of the owner of the pond. The fish could not swim away from an enclosed pond and thereby become lost.
Citations:
(1704) 6 Modern 183, (1704) 87 ER 939
Jurisdiction:
England and Wales
Cited by:
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.
Crime, Animals
Updated: 22 November 2022; Ref: scu.650618