[ULPIANUS libro trigesimo secundo ad edictum. ] §21.2.4.prIllud quaeritur, an is qui mancipium uendidit debeat fideiussorem ob euictionem dare, quem uolgo auctorem secundum uocant.
[ULPIAN, on the Edict, book thirty-two.] The question is raised whether one who has sold a slave must give a surety against eviction, whom people commonly call the "second guarantor".
et est relatum non debere, nisi hoc nominatim actum est.
And it has been held that he is not obliged to do so, unless this has been specifically agreed upon.
§21.2.4.1Si impuberis nomine tutor uendiderit, euictione secuta Papinianus libro tertio responsorum ait dari in eum cuius tutela gesta sit utilem actionem, sed adicit in id demum, quod rationibus eius accepto latum est.
If a tutor has sold in the name of a minor, and eviction has followed, Papinian in the third book of his Opinions says that an equitable action is granted against the person whose guardianship was administered, but he adds that this is only to the extent of what has been credited to his accounts.
sed an in totum, si tutor soluendo non sit, uideamus: quod magis puto: neque enim male contrahitur cum tutoribus.
But let us consider whether the action lies for the whole amount if the tutor is insolvent; I rather think that it does, for those who contract with tutors ought not to be placed in an unfavorable position.