[LABEO libro quinto posteriorum a IAUOLENO epitomatorum. ] §18.1.80.prCum manu sata in uenditione fundi excipiuntur, non quae in perpetuo sata sunt excipi uiderentur, sed quae singulis annis seri solent, ita ut fructus eorum tollatur: nam aliter interpretantibus uites et arbores omnes exceptae uidebuntur.
[LABEO, in the fifth book of his Last Works epitomized by JAVOLENUS.] When things sown by hand are excepted in the sale of land, it should not be understood that things which are permanently planted are excepted, but rather those which are customarily sown every year, so that their harvest may be gathered; for to those who interpret otherwise, vines and all trees will seem to be excepted.
§18.1.80.1Huius rei emptionem posse fieri dixi: 'quae ex meis aedibus in tuas aedes proiecta sunt, ut ea mihi ita habere liceat', deque ea re ex empto agi.
I said that the purchase of this thing can be made: "that which projects from my house into your house, so that I may be allowed to hold it so," and that an action on purchase can be brought on this matter.
§18.1.80.2Silua caedua in quinquennium uenierat: quaerebatur, cum glans decidisset, utrius esset.
A copse wood had been sold for a period of five years; it was asked, when the acorns fell, to whom they belonged.
scio Seruium respondisse, primum sequendum esse quod appareret actum esse: quod si in obscuro esset, quaecumque glans ex his arboribus quae caesae non essent cecidisset, uenditoris esse, eam autem, quae in arboribus fuisset eo tempore cum haec caederentur, emptoris.
I know that Servius answered that, first of all, that which appeared to have been agreed upon should be followed; but if this were in obscurity, whatever acorns fell from those trees which had not been cut down belonged to the seller, but those which had been on the trees at the time when they were cut belonged to the buyer.
§18.1.80.3Nemo potest uideri eam rem uendidisse, de cuius dominio id agitur, ne ad emptorem transeat, sed hoc aut locatio est aut aliud genus contractus.
No one can be deemed to have sold a thing when it is intended that its ownership shall not pass to the buyer; but this is either a lease or another kind of contract.