Sutton v Moody
1697 · 1 Ld Raym 250
Posted By lanbuk.com
- Facts
- A killed animals on another's land and carried them off. The landowner sued for them.
- Issue
- Who owns a wild animal killed by a trespasser?
- Held
- The landowner. The trespasser could not get a title by his own wrong.
- Principle
- Wild animals are no one's while at liberty. Once killed on the land, they belong to the landowner, even against the person who killed them if that person was a trespasser.
- Why it matters
- It is used for the owner's right to the fruits of the land. Blades v Higgs is the later House of Lords case on the same point.
Words and Latin in this note
- Fee simple
- The fullest form of land ownership: the owner holds the land for ever and can sell, give away or leave it by will. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.