[ULPIANUS libro quadragesimo octauo ad Sabinum. ] §45.3.7.prProinde et si quattuor forte dominos habuerit et duorum iussu stipulatus sit, his solis adquiret qui iusserunt, magisque est, ut non aequaliter, sed pro portione dominica totum eis adquiratur.
[ULPIANUS, in the forty-eighth book on Sabinus.] Accordingly, even if a slave happens to have four masters and has stipulated by the order of two of them, he will acquire only for those who gave the order; and it is more reasonable that the whole should be acquired for them not equally, but in proportion to their ownership shares.
idem puto et si nominatim eis stipulatus esse proponatur: nam et si omnium iussu stipulatus sit uel omnibus nominatim, non dubitaremus omnibus pro dominicis eum portionibus, non pro uirilibus adquirere.
I think the same even if it is proposed that he stipulated for them by name; for even if he stipulated by the order of all or for all by name, we would not doubt that he acquires for all in proportion to their ownership shares, not per capita.
§45.3.7.1Si seruus communis ab uno ex sociis stipulatus sit, si quidem nominatim alteri socio, ei soli debetur: sin autem sine ulla adiectione pure stipulatus sit, reliquas partes is seruus ceteris sociis praeter eam partem, ex qua promissor dominus esset, adquiret.
If a common slave has stipulated from one of his co-owners, if indeed he did so by name for the other co-owner, it is owed to that one alone; but if he stipulated purely without any addition, that slave will acquire the remaining shares for the other co-owners, excluding that share in respect of which the promisor was his master.
sed si iussu unius socii stipulatus est, idem iuris est, quod esset, si eidem illi socio nominatim dari stipulatus esset.
But if he stipulated by the order of one co-owner, the same rule of law applies as would apply if he had stipulated for it to be given to that same co-owner by name.
interdum etiamsi neque iussu neque nominatim alteri ex dominis stipularetur, ei tamen soli adquirere eum Iuliano placuit: ut puta si quid forte stipuletur, quod utrique adquiri non potest.
Sometimes, even if he stipulated neither by the order of nor by name for one of his masters, it nevertheless pleased Julian that he acquires for that one alone: as for instance, if he happens to stipulate for something which cannot be acquired for both.
ueluti seruitutem ad fundum Cornelianum stipulatus est, qui fundus Sempronii erat alterius ex dominis: ei soli adquirit.
For example, he stipulated for a servitude for the Cornelian estate, which estate belonged to Sempronius, the other of his masters: he acquires for him alone.