Question and Answer: Briefing Ghen v. Rich
The claimant who was a fisherman used his bomb-lance to shoot a fin-black whale on a beach. The bomb-lance was meant to mark the fish as belonging to him his property. The fish on being shot sank to the ocean bottom but was washed ashore some days later upon which the defendant, a hunter, killed and took the fish for an auction sale as his. The custom of the community dictated that whoever found a whale with a mark was to notify the owner who was expected to pay the finder a fee for having found it. The defendant ...