Ad Sabinum libri
Ex libro X
Ad Dig. 8,2,18Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 480, Note 9.Pomponius, On Sabinus, Book X. Where pipes through which you conduct water being attached to my house cause me damage, I am entitled to an action in factum, and I can also demand from you a stipulation for the prevention of threatened injury.
The Same, On Sabinus, Book X. If I have become the heir to someone whose land is subject to a servitude in my favor, and I sold the land to you, the servitude must be restored to its former condition, because it is understood that you are, so to speak, the heir.
The Same, On Sabinus, Book X. When you sold me a tract of land of which the usufruct was reserved, you stated that the said usufruct belonged to Titius, when, in fact, it remained in your hands. If you should bring an action to recover possession of said usufruct, I cannot have recourse to you as long as Titius is living; and he is not in such a situation that even if the usufruct was his, he would lose it, for then, (that is to say, if Titius should forfeit his civil rights, or die) I could have recourse to you as the vendor. The same rule of law applies if you should state that the usufruct belongs to Titius, while, in reality, it belongs to Seius.
Pomponius, On Sabinus, Book X. I encumbered a tract of land belonging to me, and afterwards sold it to you under the condition that you would not encumber it. If I should afterwards purchase the said land from you, and you execute a bond to me providing against eviction, it should be stated in the bond that the land was encumbered on my account, because if this is not done, and I bring an action against you on this ground I can be barred by an exception based on fraud.
Pomponius, On Sabinus, Book X. Anyone who promises the same thing twice is not legally liable for it more than once.