[IDEM libro sexto epistularum. ] §41.3.21.prEi, a quo fundum pro herede diutius possidendo capturus eram, locaui eum: an ullius momenti eam locationem existimes, quaero: quod si nullius momenti existimas, an durare nihilo minus usucapionem eius fundi putes.
[THE SAME, Letters, book 6] I leased a tract of land to the person from whom I was about to acquire it by possessing it longer as heir; I ask whether you think that this lease is of any validity. But if you think it is of no validity, whether you think that the usucaption of that land nevertheless continues.
item quaero, si eidem uendidero eum fundum, quid de his causis, de quibus supra quaesii, existimes.
I likewise ask, if I sell that land to the same person, what you think regarding those matters about which I asked above.
respondit: si is, qui pro herede fundum possidebat, domino eum locauit, nullius momenti locatio est, quia dominus suam rem conduxisset: sequitur ergo, ut ne possessionem quidem locator retinuerit, ideoque longi temporis praescriptio non durauit.
He replied: If he who was possessing the land as heir leased it to the owner, the lease is of no validity, because the owner would have hired his own property. It follows, therefore, that the lessor did not even retain possession, and therefore the long-term prescription did not continue.
in uenditione idem iuris est, quod in locatione, ut emptio suae rei consistere non possit.
In the case of sale, the same rule of law applies as in lease, so that a purchase of one's own property cannot stand.