17. THE POSSESSION OF LAND
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102 BOOK FORTY-THREEIPOSSESSION O F LAND 15 PAUL,Sabinus, book 13: If you have ejected me forcibly or have by force or stealth caused me to be ejected, then even though you should lose possession without fraud and fault, nevertheless, you are to be condemned in a sum to the extent of my interest, because you were at fault in the first place by the very fact that you forcibly ejected me, or by force or stealth caused me to be ejected. 16 ULPIAN,Edict, book 29: In an interdict "where by force," it is to be said that a father is liable for anything that has come into his hands on that account. 17 JULIAN, Digest, book 48: Someone who recovers by force in the same conflict a possession of which he has been forcibly deprived is to be understood as reverting to his original condition rather than possessing it by force. So if I eject you and you immediately eject me, and I then eject you, the interdict "where by force" will lie effectively in your favor. 18 PAPINIAN, Questions, book 26: The landlord of a farm sold it and directed the buyer to take up the vacant possession. His tenant prevented the buyer from entering. Afterward the buyer forcibly expelled the tenant. The question was about interdicts "where by force." It was held that the tenant was liable to the seller under the interdict , because it made no difference whether he prevented the seller himself or someone else sent by his wish from entering. For possession was not held to have been lost before it was delivered to the buyer, since no one is minded to lose on account of a buyer a possession which the buyer has not taken over. The buyer who subsequently applied force is also liable himself under the interdict to the tenant; for it was possessed not by him but by the seller, who had been deprived of possession. The question was, whether one should come to the buyer's aid, if it was by the wish of the seller that he afterward forcibly expelled the tenant. I said that one should not come to the aid of anyone who had carried out an illegal mandate. 1. It was held that someone who vindicated a farm from a person with whom he could take issue under the interdict "where by force" would, while the judgment was pending, nevertheless be right to bring an action under the interdict. 19 TRYPHONINUS, Disputations, book 15: Julian rightly replied that if you have forcibly ejected me from a farm in which there were movable things, since under the interdict "where by force" you should restore to me possession not only of the land but of what had been there, then even though I should have delayed suing you under the interdict, you still have the burden of making restitution for slaves who have meanwhile been lost by death, or herd animals or other things which have been accidentally lost, because you are held to be the debtor from the very time of your offense more than I am in causing delay. 20 LABEO, Plausible views, book 3: If your tenant is forcibly ejected, you will take action under the interdict "where by force." The same applies if your lodger has been forcibly ejected. PAUL: The same can be said of a tenant or lodger to whom your tenant or lodger has sublet. THE POSSESSION OF LAND 1 ULPIAN, Edict, book 69: The praetor says: "Insofar as you do not possess the house in question by force or stealth or precarium the one from another, I forbid the use of force for you so to possess it. I will not give this interdict for drains, or for more than the property is worth. I will permit proceedings within a year from when it is first 102 BOOK FORTY-THREE/POSSESSION OF LAND 15 PAUL, Sabinus, book 13: If you have ejected me forcibly or have by force or stealth caused me to be ejected, then even though you should lose possession without fraud and fault, nevertheless, you are to be condemned in a sum to the extent of my interest, because you were at fault in the first place by the very fact that you forcibly ejected me, or by force or stealth caused me to be ejected. 16 ULPIAN, Edict, book 29: In an interdict "where by force," it is to be said that a...


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