[ULPIANUS libro quinto decimo ad edictum. ] §5.3.16.prQuod si in diem sit debitor uel sub condicione, a quo petita est hereditas, non debere eum damnari.
[ULPIAN, in the fifteenth book on the Edict.] But if the person from whom the inheritance is claimed is a debtor with a future due date or under a condition, he ought not to be condemned.
rei plane iudicatae tempus spectandum esse secundum Octaueni sententiam, ut apud Pomponium scriptum est, an dies uenerit: quod et in stipulatione condicionali erit dicendum.
According to the opinion of Octavenus, as is written in Pomponius, the time of the final judgment is to be looked at to see whether the day has come; and this should also be said in the case of a conditional stipulation.
si autem non uenerit, cauere officio iudicis debeat de restituendo hoc debito, cum dies uenerit uel condicio extiterit.
But if it has not come, he must give security by the office of the judge for restoring this debt when the day comes or the condition is fulfilled.
§5.3.16.1Sed et is qui pretia rerum hereditariarum possidet, item qui a debitore hereditario exegit, petitione hereditatis tenetur.
But also he who possesses the price of hereditary things, and likewise he who has exacted payment from a debtor of the inheritance, is liable to the petition for inheritance.
§5.3.16.2Unde Iulianus libro sexto digestorum ait ab eo, qui petit hereditatem et litis aestimationem consecutus est, hereditatem peti posse.
Hence Julian says in the sixth book of his Digests that an inheritance can be claimed from one who has claimed the inheritance and obtained the estimation of the litigation.
§5.3.16.3Non solum autem a debitore defuncti, sed etiam a debitore hereditario peti hereditas potest: denique ab eo, qui negotia hereditaria gessit, et Celso et Iuliano uidetur peti hereditatem posse, sed si heredis negotium gessit, nequaquam: ab heredis enim debitore peti hereditas non potest.
Moreover, the inheritance can be claimed not only from a debtor of the deceased, but also from a debtor of the inheritance; finally, both Celsus and Julian think that the inheritance can be claimed from one who has managed hereditary affairs, but by no means if he has managed the affairs of the heir, for the inheritance cannot be claimed from a debtor of the heir.
§5.3.16.4Iulianus scribit, si is, qui pro herede possidebat, ui fuerit deiectus, peti ab eo hereditatem posse quasi a iuris possessore, quia habet interdictum unde ui, quo uictus cedere debet: sed et eum qui deiecit petitione hereditatis teneri, quia res hereditarias pro possessore possidet.
Julian writes that if he who was possessing as heir has been forcibly ejected, the inheritance can be claimed from him as if from a possessor of a right, because he has the interdict unde vi, by which he must yield if defeated; but also he who ejected him is liable to the petition for inheritance, because he possesses the hereditary things as a possessor.
§5.3.16.5Idem Iulianus ait, siue quis possidens siue non rem uendiderit, petitione hereditatis eum teneri, siue iam pretium recepit siue petere possit, ut et hic actionibus cedat.
The same Julian says that whether someone has sold a thing while possessing it or not possessing it, he is liable to the petition for inheritance, whether he has already received the price or is able to claim it, so that here too he may cede his actions.
§5.3.16.6Idem scribit patronum hereditatem petere non posse ab eo, cui libertus in fraudem alienauit, quia Caluisiana actione ei tenetur: patroni enim iste debitor est, non hereditarius.
The same writer writes that a patron cannot claim an inheritance from one to whom his freedman has alienated it in fraud of him, because he is liable to him by the Calvisian action; for that person is a debtor of the patron, not of the inheritance.
ergo nec ab eo, cui mortis causa donatum est, peti hereditas potest.
Therefore, neither can the inheritance be claimed from one to whom a gift mortis causa has been made.
§5.3.16.7Idem Iulianus scribit, si quis ex causa fideicommissi restituerit hereditatem uel singulas res praestiterit, peti ab eo hereditatem posse, quia habet condictionem earum, quae sunt ex ea causa solutae, et ueluti iuris possessor est.
The same Julian writes that if anyone has restored an inheritance by reason of a trust or has delivered individual things, the inheritance can be claimed from him, because he has a claim for recovery of those things which were paid for that reason, and he is, as it were, a possessor of a right.
§5.3.16.8Sed et si pretia rerum, quas distraxit, ex causa fideicommissi soluit, peti hereditatem ab eo posse, quia repetere potest.
But also if he has paid the price of the things which he sold by reason of a trust, the inheritance can be claimed from him, because he can claim it back.
sed his casibus actiones suas dumtaxat eum praestaturum, cum et res exstant et potest petitor etiam per in rem actionem eas uindicare.
But in these cases he will only transfer his actions, since the things also exist and the claimant can also vindicate them by an action in rem.