[AFRICANUS libro nono quaestionum. ] §44.3.6.prSi duobus eandem rem separatim uendiderim, ea possessio, quae utramque uenditionem praecesserit, soli priori emptori, cui et tradita sit, proficit.
[AFRICANUS, Questions, book nine] If I sell the same thing to two persons separately, the possession which preceded both sales benefits only the first buyer, to whom it was also delivered.
denique et si, quam rem tibi uendiderim, rursus a te emam et Titio uendam, et meam omnem et tuam possessionem Titio accessuram, uidelicet quod et tu mihi et ego ei possessionem praestare debeamus.
Finally, also if I buy back from you the thing which I had sold to you, and sell it to Titius, [it must be held that] both all my possession and yours will access to Titius, clearly because both you to me and I to him are bound to guarantee possession.
§44.3.6.1Uendidi tibi seruum et conuenit, ut, nisi certa die pecunia soluta esset, inemptus esset: quod cum euenerit, quaesitum est, quid de accessione tui temporis putares.
I sold a slave to you, and it was agreed that, unless the money was paid by a certain day, the sale should be void. When this occurred, it was asked what you thought regarding the accession of your time.
respondit id quod seruetur, cum redhibitio sit facta: hunc enim perinde haberi ac si retrorsus homo mihi uenisset, ut scilicet, si uenditor possessionem postea nactus sit, et hoc ipsum tempus et quod uenditionem praecesserit et amplius accessio haec ei detur cum eo, quod apud eum fuit, a quo homo redhibitus sit.
He answered that the same rule is observed as when a redhibition has taken place; for this slave is treated just as if he had been sold back to me, so that, of course, if the seller subsequently obtains possession, both this very time and that which preceded the sale, and furthermore this accession is given to him, together with that which was with him from whom the slave was returned.