In 2010, my family had new neighbors move into the house behind us—their backyard shared a fence with ours. Our neighborhood allowed for most houses to have a backyard and a substantial amount of space, but not an excessive amount. For example, I could see the yards of my neighbors on all sides from my yard. For a few months, there was no change. However, after about six months, they got chickens. Not one or two, but an entire henhouse of chickens and a rooster. Not only did the rooster wake the neighborhood up with its crowing at dawn, but the chickens attracted the ever-growing fox population in my Pennsylvania suburb.

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.