[SCAEUOLA libro uicensimo quinto digestorum. ]
[SCAEVOLA, from his twenty-fifth book of Digests.] The inheritance of an intestate sister devolved upon two brothers, of whom one was absent and the other present.
§41.4.14.prIntestatae sororis hereditas obuenit duobus fratribus, quorum alter absens erat, alter praesens: praesens etiam absentis causam agebat, ex qua hereditate suo et fratris sui nomine fundum in solidum uendidit Lucio Titio bona fide ementi: quaesitum est, cum scierit partem fundi absentis esse, an totum fundum longa possessione ceperit.
The brother who was present also managed the affairs of the absent one, and from this inheritance he sold a tract of land in its entirety, in his own name and that of his brother, to Lucius Titius who bought it in good faith. It was asked whether, although the buyer knew that a part of the land belonged to the absent brother, he acquired the whole land by long-term possession.
respondit, si credidisset mandatu fratris uenisse, per longum tempus cepisse.
He answered that if the buyer had believed that the land was sold by the mandate of the brother, he acquired it by long-term possession.