The Same, On the Edict, Book XLIX. A legitimate defence is one where the party joins issue, either himself or by another, but always furnishing security; and no one is considered to make a legal defence who does not pay what he is ordered by the court.

The Same, On the Edict, Book XLIX. Generally speaking, a ward is not held to have been properly protected when there is not done in his name what any good head of a household would do. Therefore, if a guardian neglects to make payment of a debt, or does not discharge his duty in the defence of a legal action, or in a stipulation, he is not considered to have properly protected his ward.

Ulpianus, On the Edict, Book XLIX. Full rights over the estate of their freedmen and freedwomen is granted to municipalities, that is to say, they have the same rights over them as other patrons have. 1Is there, however, any doubt whether they can demand prætorian possession of the estates of their freedman? There is some difficulty on this point, because they cannot give their consent, still, they can obtain prætorian possession through the agency of another. But, as the Senate decided that estates should be transferred to them under the Trebellian Decree, so, by virtue of another decree, when a municipality has been appointed heir by a freedman, it is permitted to acquire his estate; hence it must be said that it can obtain prætorian possession of the estates of its freedmen. 2The time fixed for claiming prætorian possession of the estate of a freedman begins to run against a municipality from the date when it passes an ordinance authorizing the demand. This was also the opinion of Papinianus.

Ulpianus, On the Edict, Book XLIX. The Successory Edict was promulgated in order that estates might not remain too long without ownership, and the creditors suffer from too protracted a delay. Therefore, the Prætor thought that a limit should be prescribed for those to whom he granted prætorian possession, and to establish a succession among them, in order that the creditors might sooner ascertain to whom they must apply; whether the estate escheated to the Treasury for want of ownership, or whether they themselves should institute proceedings to obtain prætorian possession, just as if the deceased had died without leaving any successor. 1For even one can reject prætorian possession which is granted to himself, but he cannot reject that which is granted to another. 2Therefore, my agent cannot reject prætorian possession to which I am entitled, without obtaining my consent to do so. 3A master can reject prætorian possession to which he is entitled through a slave. 4Let us see whether a guardian can reject prætorian possession of an estate to which his ward is entitled. The better opinion is that he cannot do so, but the ward himself can reject it with the authority of his guardian. 5The curator of an insane person can, under no circumstances, reject prætorian possession of an estate to which the latter is entitled because the latter has not yet obtained it. 6Where a person has once refused to demand prætorian possession of an estate, he loses his right, even though the prescribed time for doing so had not yet expired; for, when he refused to accept it, possession of the estate had already begun to belong to others, or to escheat to the Treasury. 7Let us see whether prætorian possession of an estate authorized by a decree can be rejected. And, indeed, it may be terminated by lapse of time, but it is none the less true that it cannot be rejected, because it was not granted before the decree was issued. Again, after the decree has been issued, the rejection will be too late, as a right which has once been acquired cannot be rejected. 8If the relative first in degree should die within the prescribed hundred days, the one next in succession can immediately demand possession of the estate. 9What we have said with reference to demanding prætorian possession within a hundred days must be understood to mean that it can be demanded even on the hundredth day; just as where an act is to be performed within certain kalends, the kalends themselves are included. The same rule applies where some act is to be performed within a hundred days. 10Where one of those to whom prætorian possession may be given under the terms of the Edict refuses, or neglects to demand it for himself within the specified time, the other heirs in the next degree can claim prætorian possession of the estate, just as if the one in the first degree had not been included in the number of those entitled to the same. 11However, it should be considered whether the one who is excluded in this way can also be admitted to share with the others; for instance, a son who is under paternal control, where possession of an estate ab intestato has been granted to him under the First Section of the Edict relating to children. He is excluded by lapse of time, or by rejection of the estate, and prætorian possession passes to the heirs next in degree. Will he himself succeed by virtue of this Section relating to succession? The better opinion is that he can do so; for he can demand possession of the estate as one of the heirs at law, and after them, in his own degree, under the Section where the cognates, who are next of kin, are called to the succession. This is our practice, so that the son is admitted to the succession in this manner, and therefore, he can succeed himself in accordance with the Second Section of the Edict. This rule can also be said to apply with reference to prætorian possession in accordance with the provisions of the will; so that if he who can succeed to the prætorian succession on the ground of intestacy does not apply for it in accordance with the terms of the will, he can still in this way succeed himself. 12A longer time to demand prætorian possession of an estate is accorded to parents and children on account of the honor attaching to blood, because those who are, so to speak, coming into possession of their own property, should not be too closely restrained. It has, therefore, been determined that they shall be given a year, so that they may be afforded a reasonable time for demanding prætorian possession of the estate, and not be pressed to do so; and that, on the other hand, the property may not remain too long without an owner. It is true that sometimes when they are interrogated in court by impatient creditors, they must state whether they will demand prætorian possession or not; so that, if they say that they intend to reject it, the creditors may know what they will have to do. If they say that they are still deliberating, they should not be hurried. 13When anyone is substituted by his father for his brother, who is under the age of puberty, he must demand prætorian possession of his estate, not within a year, but within a hundred days. 14This favor is granted to parents and children, not only where they are themselves directly in the line of succession, but also where a slave of one of the children or parents is appointed an heir; for in this case, prætorian possession can be demanded within a year. For it is the person who demands possession who is entitled to this benefit. 15If, however, the father of an emancipated son desires to obtain prætorian possession of his estate in opposition to the provisions of the will, it is settled that he has a year in which to do so. 16Julianus says that, generally speaking, prætorian possession can, under all circumstances, be demanded by parents and children within a year.

Ulpianus, On the Edict, Book XLIX. The Prætor says: “I will grant the possession of property, whenever it must be given under the terms of any law or decree of the Senate.” 1Prætorian possession of property, although obtained under some other Section of the Edict, does not interfere with possession of this kind. 2Where anyone is entitled to an estate by the Law of the Twelve Tables, he cannot demand it under this part of the Edict, but under another Section relating to necessary heirs; for, under this Section, prætorian possession is not granted unless a special law provides for it.

Ad Dig. 38,15,2Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 104, Note 7.Ulpianus, On the Edict, Book XLIX. The time for claiming prætorian possession of the estate is an available one. It is designated available, because all the days of which it is composed can be taken advantage of; that is to say, all the days are included on which he who was entitled to the succession had knowledge of, and could have accepted it. There is no doubt, however, that the days on which he did not know of the succession, or could not have demanded it, are not included. Still, it may happen that where the person interested was aware of the facts, or could have claimed possession in the first place, was subsequently misinformed, or thought that he had no right to acquire possession; for instance, if he knew from the beginning that the owner of the property had died intestate, and afterwards doubted whether this was the case, or whether he died testate, or whether he was still living; because a rumor of this kind was afterwards circulated. On the other hand, it may also happen that a person who at first was ignorant that he had a right to the succession may afterwards ascertain that he was entitled to it. 1It is clear that while the days prescribed for demanding prætorian possession of an estate are available ones, those during which court is in session are not included, provided the prætorian possession is of such a nature that it can be demanded without ceremony. But what if the possession is such that it requires an investigation by a tribunal, or a decree of the Prætor? In this instance, the days of the session of the tribunal during which the Prætor has rendered his decision, and on which nothing has been done by him to prevent possession of the estate from being granted, must be computed. 2With reference to the prætorian possession of an estate which is granted in court, inquiry is made whether the Prætor presided in his tribunal, and did not grant possession to the parties demanding it; for it must be said that the time for obtaining possession does not begin to run while the presiding magistrate is occupied with other matters, either those relating to military affairs, or the custody of prisoners, or special investigations. 3If the Governor of the province was in the neighboring town, the time required for making the journey must be added to that prescribed by law, that is to say, by allowing twenty thousand paces to a day; nor should we expect the Governor of the province to come to the home of him who claims possession of the estate. 4When an unborn child is placed in possession, there is no doubt that the prescribed time for demanding it should not run against those in the next degree, not only during the hundred days, but also for the time during which the child may be born; for it must be remembered that, even if he is born before this time, prætorian possession will be granted him. 5Pomponius says that the knowledge which is necessary is not such as is exacted from persons learned in the law, but is what anyone can acquire, either by himself or through others; that is to say, by taking the advice of persons learned in the law, as the diligent head of the household should do.