Digestorum libri
Ex libro XV
Julianus, Digest, Book XV. Where a debtor has redeemed property pledged to his creditor, he will not be liable to an action on sale as the purchaser of his own property, and all the rights of his creditor will remain unimpaired. 1It is probable that where anyone sells olives which are still hanging on the trees, and stipulates for ten pounds of the oil to be obtained from the same, that he intended to be paid by what is obtained therefrom up to ten pounds of oil. Therefore, if the purchaser can only extract five pounds of oil from said olives, it is held by several authorities that he will not be liable for more than the five pounds of the oil which he has obtained.
Ad Dig. 18,2,17ROHGE, Bd. 16 (1875), Nr. 44, S. 155: Mehrheit von Gegenständen. Mehrheit von Rechtsgeschäften.Julianus, Digest, Book XV. Where two slaves have been thus conditionally sold separately for ten aurei, and someone appears who says that he will pay thirty for both; it should be ascertained whether he wishes to add ten to the price of one, or five to the price of each. In the first instance, the slave to whose price the addition is made, will not be bought by the first purchaser, and, in the second instance, both slaves will belong to the second. If it is uncertain to the price of which one an addition is made, it will be held that the first purchase is not annulled.
Julianus, Digest, Book XV. If one of several heirs should pay all of a sum of money which was due from the testator under a penalty, before the other heirs had entered upon the estate, and should afterwards sell his right of succession to said estate, and he is unable to recover anything from his co-heirs on account of their property, he can properly proceed against the purchaser of the right of succession, either on the ground of the stipulation, or on that of sale, since it is manifest that all the money was paid by him on account of the estate, for the same principle applies as in a suit for partition, by which each of the heirs can recover nothing more than what he expended in the capacity of heir.
Julianus, Digest, Book XV. Ad Dig. 18,5,5 pr.ROHGE, Bd. 15 (1875), Nr. 20, S. 50: Aufrechterhaltung einer Willenserklärung, wenn das geschlossene Geschäft zwar wegen eines juristischen Mangels ungiltig, indeß die Erfordernisse eines andern Geschäfts vorhanden sind.Where the purchaser released the vendor or the vendor released the purchaser from liability, it seems to be the intention of both parties that the transaction should be at an end; and the result is the same as if it had been agreed between them that neither should claim anything from the other. It is, in this case, however, more evident, that the release is not valid on account of its nature, but through the force of the agreement. 1A sale is annulled by the mere agreement of the parties, if the transaction has not been concluded. 2Where a slave that has been sold dies, the sale is held to be in the same condition as if he had been delivered; that is to say, the vendor is released from liability, and the loss of the slave must be borne by the purchaser. Wherefore, unless some other lawful agreement has been entered into, actions on purchase and sale will lie.
Julianus, Digest, Book XV. Where a slave in whom you had an usufruct purchases a tract of land, and, before the purchase-money is paid, you lose your civil rights, even though you may have paid the price, you will not be entitled to an action on purchase, because of your loss of civil rights, but you can bring suit against the vendor to recover money which was not due. It makes no difference whether you, or the slave, have made payment out of the peculium belonging to you, where this is done before your loss of civil rights, for, in both instances, you will be entitled to an action on purchase. 1I purchased your slave from a thief in good faith, not knowing that he had been stolen, and the said slave bought another with the peculium belonging to you, and delivered him to me; Sabinus says that you can bring a personal action against me to recover the latter slave. If, however, I have lost anything by the transaction, which he negotiated, I can, on the other hand, bring an action on the ground of the peculium against you. Cassius states that this opinion of Sabinus is correct, with which I also agree. 2Where one slave, having sold another, furnishes a surety, the latter should guarantee the validity of the sale by which he will be bound to the same extent as if he were giving security for a freeman; as an action is granted to the purchaser against the master for the purpose of recovering everything which he could have recovered if the sale had been made by a freeman; but the master cannot have judgment rendered against him for an amount above the value of the peculium.
The Same, Digest, Book XV. The vendor of a slave must guarantee the purchaser to the amount of the interest that the latter had that the slave should belong to the vendor. Wherefore, if the purchaser should lose, by eviction, the offspring of a female slave or an estate which the slave had entered upon by his order, he can bring an action on purchase. And just as the vendor is bound to deliver to him the slave which he sold him, so he is bound to make good to the purchaser everything that he could have acquired through the slave, if he had not been deprived of him.
Julianus, Digest, Book XV. Where a certain number of measures of wine out of that obtained from the Sempronian Estate were bequeathed, and a smaller quantity was obtained, it was decided that more was not due, and that the following words, “That obtained,” operated as a kind of limitation of the legacy.