[SCAEUOLA libro septimo digestorum. ] §19.1.52.prCreditor fundum sibi obligatum, cuius chirographa tributorum a debitore retro solutorum apud se deposita habebat, uendidit Maeuio ea lege, ut, si quid tributorum nomine debitum esset, emptor solueret: idem fundus ob causam eorum tributorum, quae iam soluta erant, a conductore saltus, in quo idem fundus est, uenit eumque idem Maeuius emit et pretium soluit: quaesitum est, an empti iudicio uel aliqua actione emptor a uenditore consequi possit, ut solutionum supra scriptarum chirographa ei dentur.
[SCAEVOLA in the seventh book of his Digests.] A creditor sold a tract of land mortgaged to himself, for which he held in his possession receipts for taxes previously paid by the debtor, to Maevius under the condition that, if any debt should remain on account of taxes, the buyer should pay it. The same tract of land, on account of those taxes which had already been paid, was put up for sale by the lessee of the tract of land in which the said property was situated, and the same Maevius bought it and paid the price. The question was asked whether the buyer could, by an action on purchase or by any other action, compel the seller to deliver to him the receipts of the aforementioned payments.
respondit posse emptorem empti iudicio consequi, ut instrumenta de quibus quaereretur exhibeantur.
He answered that the buyer could, by an action on purchase, obtain the production of the documents in question.
§19.1.52.1Praedium aestimatum in dotem a patre filiae suae nomine datum obligatum creditori deprehenditur: quaesitum est, an filius, qui hereditatem patris retinet, cum ab ea se filia abstinuisset dote contenta, actione ex empto teneatur, ut a creditore lueret et marito liberum praestaret.
An estate, valued and given by a father as a dowry on behalf of his daughter, was discovered to be mortgaged to a creditor. The question was asked whether the son, who retained the inheritance of the father (the daughter having abstained from the inheritance, content with her dowry), was bound by the action on purchase to redeem the property from the creditor and deliver it free of encumbrance to the husband.
respondit teneri.
He answered that he was bound.
§19.1.52.2Inter uenditorem et emptorem militiae ita conuenit, ut salarium, quod debeatur ab illa persona, emptori cederet: quaesitum est, emptor militiae quam quantitatem a quo exigere debet et quid ex eiusmodi pacto uenditor emptori praestare debeat.
An agreement was made between the seller and the buyer of an office that the salary due from a certain person should go to the buyer. The question was asked what amount the buyer of the office could demand and from whom, and what the seller was bound to perform to the buyer under such an agreement.
respondit uenditorem actiones extraordinarias eo nomine quas haberet praestare debere.
He answered that the seller was bound to make available such extraordinary actions as he had on that account.
§19.1.52.3Ante domum mari iunctam molibus iactis ripam constituit et uti ab eo possessa domus fuit, Gaio Seio uendidit: quaero, an ripa, quae ab auctore domui coniuncta erat, ad emptorem quoque iure emptionis pertineat.
A man constructed a bank in front of his house adjacent to the sea by throwing out piers, and sold the house to Gaius Seius just as it was possessed by him. I ask whether the bank, which had been joined to the house by the seller, also belongs to the buyer by right of purchase.
respondit eodem iure fore uenditam domum, quo fuisset priusquam ueniret.
He answered that the house would be sold under the same legal status as it had been before it was put up for sale.