Paulus, Opinions, Book VI. Casks which are buried in warehouses are held to have been transferred with the sale of the former, unless they are expressly excepted. 1The person who succeeds to the rights of a purchaser can avail himself of the same defence which the purchaser himself could have employed, including even that of prescription based on long possession, if the possession of both purchasers has lasted during the time established by law.

The Same, Opinions, Book VI. Lucius Titius, having received money in payment for materials sold under a fixed penalty, with the understanding that if they were not delivered in good condition within a designated time, the penalty could be collected, died, after a part of the materials had been delivered. Then, since the testator has become liable for the penalty, and his heir will not produce the remaining materials, can he be sued for the penalty and interest, especially when the purchaser had borrowed the money at a very high rate of interest? Paulus answered that, under the contract as stated, the heir of the vendor could be sued for the penalty, and that, also, in an action on purchase, the court would take into consideration the interest from the day when the vendor began to be in default.

The Same, Opinions, Book VI. The risk of a claim secured by pledge which is sold by the creditor, must be assumed by the purchaser, if the former proves that the property was actually encumbered.

The Same, Opinions, Book VI. Where anyone purchases land which has been encumbered by the debtor to another, he should be protected only to the extent to which the proceeds of the sale have come into the hands of the first creditor.

The Same, Opinions, Book VI. Although a person who purchases property subject to the condition of the pledge cannot have recourse to the vendor in case he is deprived of it by a better title; still, the creditor who sold the land should not be heard, if he attempts to institute proceedings on some other ground with reference to the same property.

Paulus, Opinions, Book VI. Lucius Titius bought lands in Germany, beyond the Rhine, and paid a portion of the purchase-money. When suit was brought against the heir of the purchaser for the remainder, the latter set up a counterclaim alleging that these possessions had been partially sold by order of the Emperor, and partly distributed as rewards among veteran soldiers. I ask whether this risk must be assumed by the vendor? Paulus answered that future cases of eviction, which occur after the sale has been contracted, do not affect the vendor; and, therefore, according to the facts stated, suit could be brought for the remainder of the price of the land. 1The vendor cannot be sued for either double or simple damages, on account of such offences as are usually punished by public prosecution, where the following words are inserted in a stipulation, namely: “The slave in question is free from liability for damage committed.”

Paulus, Opinions, Book VI. The purchaser must prove that the slave in question had taken to flight before he purchased him.