Justinian I · The Digest of Justinian §33.7.4.pr

Attribution of Working Oxen Shared Between Estates

Passage 5061 of 9271 · Latin

Summary

The text presents conflicting legal opinions on whether oxen that work on one of two adjacent estates and stay on the other belong to the equipment of the former or the latter, when both estates are bequeathed with their equipment.

[IAUOLENUS libro secundo ex posterioribus Labeonis. ] §33.7.4.prCum quidam duos fundos iunctos haberet et ex altero boues, cum opus fecissent, in alterum reuerterentur, utrumque fundum cum instrumento legauerat.

[JAVOLENUS, Epitomes of Labeo’s Posterior Works, Book 2] When a certain person owned two adjacent estates, and oxen from one, after they had finished their work, returned to the other, he had bequeathed each estate with its equipment.

Labeo Trebatius boues ei fundo cessuros putant, ubi opus fecissent, non ubi manere consueuissent: Cascellius contra.

Labeo and Trebatius are of the opinion that the oxen belong to that estate where they had worked, and not where they were accustomed to stay; Cascellius holds the contrary.

Labeonis sententiam probo.

I approve of Labeo's opinion.

Notes

§33.7.4.prcessuros — cessuros is a future active infinitive with esse omitted, forming an accusative with infinitive construction governed by putant. The intransitive verb cedere with the dative ei fundo means 'to go to,' 'to accrue to,' or 'to belong to as an accessory.'
§33.7.4.prubi opus fecissent — The verbs fecissent (and the subsequent consueuissent) are in the subjunctive mood (pluperfect) because they appear in relative clauses (ubi clauses) within the indirect discourse governed by putant.

Cite this passage

Justinian I, The Digest of Justinian §33.7.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.7.4.pr

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