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(federal law, trial court, another old case) Location in Course Outline · Acquisition by First Succession o Acquisition by capture § Capture on public lands · Exception to rule: Limited custom affecting few people Parties · Original Plaintiff: Ghen, Whale killer · Original Defendant: Rich, Whale purchaser Facts · Whale killing o Ghen, who was in the fishing business of killing fin-back whales, shot and immediately killed the relevant whale using a bomb-lance. It sunk. · Whale finding o Then three days later ended up on a beach where a guy named Ellis found the whale · Whale selling o Instead of notifying Ghen, he auctioned it off to the highest bidder, who was Rich. Rich extracted the blubber to use for oil and sold it. · Constructive Notice o Though neither Ellis nor Rich knew that Ghen killed the whale they knew, or should have known, then it was killed by a whale killer in the industry. Procedural History Trial level opinion o Ghen sues in federal trial court, claiming title to the whale. Disposition · Plaintiff wins. Question Presented/ Issue & Holding · Question Presented o When will the court use a long-established custom followed in an industry as an exception to the general dominion and control rule established in Pierson for the acquisition of title by capture in wild animals on public property? · Holding o An exception may be granted when the custom is of very limited application, will affect by a few persons, has been followed for a long time by people in the industry, and when the survival of the industry is dependent upon it. Analysis I. Precedent A.
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