Abstract
Pierson v. Post is usually used in law school classrooms to introduce law students to the complexities of establishing possession in property law. The published appellate-level opinion is widely available from commercial judgment database services and has been reproduced in countless law school casebooks, with a first-page pride of place given to the case in such collections since at least 1915. In the words of one scholar, “[m[ost [property law] casebooks begin at the beginning by considering the original acquisition of property. Almost all books suggest possession is the root of title … A favorite place to start is the old case of Pierson v. Post.” According to another, Pierson v. Post is “the perfect case for giving students a taste of what it means to ‘think like a lawyer.’” It is an “old chestnut” if ever there was one. Indeed, it would be difficult to overstate the extent to which the case has been the subject of scholarly commentary.
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