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The Digest of Justinian

§6.1.53.pr

Denial of Right to Remove Crops upon Eviction

Pomponius states that if a possessor of land has cultivated or sown it, and the land is subsequently evicted, they cannot carry away what has been planted.

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[POMPONIUS libro trigensimo primo ad Sabinum.]

[POMPONIUS in the thirty-first book on Sabinus.]

§6.1.53.pr

​Si fundi possessor eum excoluisset seuissetue et postea fundus euincatur,1 consita2 tollere non potest.

​If the possessor of a piece of land has cultivated or sown it, and afterwards the land is evicted, he cannot take away what has been planted.

Syntax notes2 items
  1. 6.1.53.prexcoluisset seuissetue et postea fundus euincatur

    In the conditional clause introduced by Si, different tenses of the subjunctive are used: the pluperfect excoluisset (and seuisset) and the present euincatur. This indicates a temporal sequence where the cultivation or sowing was completed by the possessor prior to the subsequent eviction (euictio) of the land.

  2. 6.1.53.prconsita

    The accusative neuter plural of the perfect passive participle of consero (to plant, sow), used substantively to mean "what has been planted" or "sown crops". It functions as the direct object of the infinitive tollere (to take away).

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.53.pr