The case is frequently used to illustrate the difficulties of establishing "possession" and ownership under the common law.

This 1881 case decided ownership of a dead finback whale (Balaenoptera physalus).

The whale was killed by the libellant (plaintiff) Ghen's bomb lance.

In this case, it was unclear whether the whaler or the person who discovered the washed up whale owned the animal.

The U.S. District Court of Massachusetts decided that it was unreasonable to expect the whaler to wait for the whale to return to the surface and therefore the whaler who killed the whale retained his claim to the property according to the custom under the prior common law and case law.