Publisher's Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 Excerpt: ...equally inconsistent with the idea of sale--it was barter (D. 12. 4. 16). L. 81 pr.--Compare the circumstances in D. 13. 7. 34. A creditor who holds a pledge in security of a debt past due, and is about to exercise his power of sale (distractio used, as often, of forced sale) is begged by his debtor to become the purchaser himself at a certain price. He agrees, and the debtor writes a letter bearing that he has sold to him. Held, that the debtor cannot revoke the sale by offering to pay up the debt with interest. 1. Lucius Titius promisit de fundo suo centum milia modiorum frumenti annua praestare praediis Gaii Seii: postea Lucius Titius uendidit fundum additis uerbis his: 'quo iure quaque condicione ea praedia Lucii Titii hodie sunt, ita ueneunt itaque habebuntur: ' quaero, an emptor Gaio Seio ad praestationem frumenti sit obnoxius. respondit emptorem Gaio Seio secundum ea quae proponerentur obligatum non esse. 1. The ratio of the opinion is that the prestation of the corn is a personal obligation, and therefore does not run with the lands. The proprietor could bind himself, but the law did not admit the possibility of charging the property with an obligation 1. Lucius Titius promised to supply from his land 100,000 bushels of corn a year to the lands of Gaius Seius; thereafter Lucius Titius sold his land, with an express clause that' the lands are sold and shall be held subject to the same rights and burdens under which they are now held by Lucius Titius': Query, is the purchaser bound to deliver the corn to Gaius Seius? The answer was that, in the circumstances stated, the purchaser was not liable to Gaius Seius. transmissible to his successors. No doubt the owner could burden the lands with servitudes, but the rule was seruitus in faciendo consist..."
