The declaration stated that Post, being in possession of certain dogs and hounds
under his command, did, "upon a certain wild and uninhabited, unpossessed and
waste land, called the beach, find and start one of those noxious beasts called
a fox," and whilst there hunting, chasing and pursuing the same with his dogs
and hounds, and when in view thereof, Pierson, well knowing the fox was so
hunted and pursued, did, in the sight of Post, to prevent his catching the same,
kill and carry it off