Also known as: captures · captured · prize capture · maritime seizure
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A method of acquiring ownership of unowned resources by reducing them to possession. The first person to capture a fugitive resource such as a wild animal obtains title.
A method of acquiring ownership of unowned resources by reducing them to possession. The first person to capture a fugitive resource such as a wild animal obtains title.
Clifford Cox, commanding a privateer commissioned by Congress, seized an enemy merchant vessel on the high seas and brought it into port. The vessel's cargo was sold at auction under federal prize proceedings. Because Congress had authorized rules for captures, the proceeds were distributed according to statute rather than reverting to the original owners.
Christian Coleman, a U.S. soldier, took possession of cotton bales belonging to a British subject during the War of 1812. The bales were later condemned by a federal court. Title vested in the captor because the seizure occurred under lawful authority and reduced the goods to possession.
A doctrine under which a donee of a general power of appointment who blends the appointive property with the donee's own property in a will is treated as having appointed failed gifts to the donee or the donee's estate.
Charlotte Chung, donee of a general power, executed a will that blended appointive property with her own estate and made several residuary gifts. Two of the gifts later failed. The court applied capture and directed the failed portions to Charlotte's estate rather than to the takers in default.
A doctrine under which a donee of a general power of appointment who blends the appointive property with the donee's own property in a will is treated as having appointed failed gifts to the donee or the donee's estate.
Each sense below has its own examples, sources, and questions.
Cameron Cole found a herd of unbranded cattle wandering on open range after a storm. He drove the animals into a corral, fed and branded them. Because he reduced the fugitive livestock to possession, a court awarded him ownership under the rule of capture.
Cynthia Carter drilled a well on her land that tapped a common underground reservoir. The extracted oil flowed into her storage tanks. Title to the oil vested in Cynthia once she reduced it to possession even though the pool extended under neighboring tracts.
Carlton Cruz recaptured an escaped convict after the prisoner fled a work detail. He delivered the prisoner to authorities and claimed the posted reward. The court held that Carlton obtained the reward by successfully reducing the fugitive to custody.
The claimant must reduce the animal to possession through physical capture or mortal wounding that deprives it of its natural liberty. Mere pursuit or proximity is insufficient.
Article I, Section 8 grants Congress power to make rules concerning captures on land and water, confirming that title to seized property vests according to federal statute once possession is obtained.
No. Capture applies only to general powers. Special powers trigger the allocation doctrine instead, which unblends the property and directs it only to permissible appointees.
A blending clause triggers capture when the donee holds a general power and one or more appointed gifts fail. The failed portions are then treated as appointed to the donee or the donee's estate.
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