[CELSUS libro uicesimo septimo digestorum. ] §21.2.62.prSi rem quae apud te esset uendidissem tibi, quia pro tradita habetur, euictionis nomine me obligari placet. §21.2.62.1Si ei qui mihi uendidit plures heredes exstiterunt, una de euictione obligatio est omnibusque denuntiari et omnes defendere debent: si de industria non uenerint in iudicium, unus tamen ex is liti substitit, propter denuntiationis uigorem praedictam absentiam omnibus uincit aut uincitur, recteque cum ceteris agam, quod euictionis nomine uicti sint. §21.2.62.2Si fundum, in quo usus fructus Titii erat, qui ei relictus est quoad uiuet, detracto usu fructu ignoranti mihi uendideris et Titius capite deminutus fuerit et aget Titius ius sibi esse utendi fruendi, competit mihi aduersus te ex stipulatione de euictione actio: quippe si uerum erat, quod mihi dixisses in uenditione, recte negarem Titio ius esse utendi fruendi.
[CELSUS libro uicesimo septimo digestorum.]\n\nIf I have sold to you a thing which was in your possession, because it is held as delivered, it is accepted that I am bound on account of eviction.\n\nIf several heirs have emerged to the person who sold to me, the obligation regarding eviction is single, and notice must be given to all and all must defend; if they deliberately do not come to court, but one of them nevertheless undertakes the litigation, by virtue of the notice, he wins or loses for all despite the aforementioned absence, and I shall rightly sue the others on the ground that they have been defeated on account of eviction.\n\nIf you have sold to me, who was ignorant of the fact, a tract of land in which Titius had a usufruct which was left to him for life, as if the usufruct were excluded, and Titius has suffered loss of status, and Titius brings an action claiming that he has the right of usufruct, an action on the stipulation regarding eviction is available to me against you; for if what you had told me at the sale were true, I would have rightly denied that Titius had the right of usufruct.