Pierson v. Post is perhaps the most celebrated case in American property law, and scholars have delighted in debating its history and theory. Among other things, research has shown that the case’s presentation of the facts is incomplete and likely misleading. This post collects some of the academic literature to reconstruct a brief history of events, challenging the presentation of the facts as recited by the court.

Property surrounds us. Literally. The buildings we occupy, the electronic screens we read from, the ground we stand on, the things of our daily lives are all the subject matter of the law of ownership. Of the classic subjects of the first year of law school, property law is perhaps the one that every person relies on and interacts with on a constant basis.