[ULPIANUS libro octauo decimo ad edictum. ] §9.4.14.prSi quis a multis conueniatur ex noxa eiusdem serui, uel si ab uno, ex pluribus tamen delictis, non necesse habet, quia omnibus dedere non potest, litis aestimationem offerre his, quibus dedere non potest.
[ULPIANUS, Book 18 on the Edict] If anyone is sued by many persons on account of the delict of the same slave, or by one person, but on account of several delicts, he is not under the necessity, since he cannot make surrender to all, of offering the assessment of the suit to those to whom he cannot make surrender.
quid ergo est, si a pluribus conueniatur? si quidem unus occupauit, an melior sit condicio, ut ipsi soli dedatur? an uero uel omnibus dedi debeat uel cauere debeat defensu iri aduersus ceteros? et uerius est occupantis meliorem esse condicionem.
What then is the case if he is sued by several? If indeed one has anticipated them, is his condition better, so that surrender is made to him alone? Or indeed must surrender be made to all, or must security be given that they will be defended against the others? And it is more correct that the condition of the one who anticipated is better.
ei itaque dedetur non qui prior egit, sed qui prior ad sententiam peruenit: et ideo ei, qui postea uicerit, actionem denegari iudicati.
Therefore, surrender will be made not to the one who first brought the action, but to the one who first reached judgment; and therefore, the action on the judgment is denied to the one who wins afterwards.
§9.4.14.1Sed et si statuliber sit et ante deditionem exstiterit condicio uel fideicommissa libertas fuerit ante praestita uel existente condicione legati dominium fuerit translatum, arbitrio iudicis absolui eum oportet: et officii iudicis hoc quoque erit, ut caueatur ei cui deditur ob euictionem ob suum factum contingentem.
But also if he is a statuliber, and before surrender the condition has been fulfilled, or freedom under a fideicommissum has been previously granted, or, on the fulfillment of a condition of a legacy, ownership has been transferred, he ought to be acquitted by the discretion of the judge; and it will also be part of the duty of the judge to see that security is given to the one to whom surrender is made against eviction arising from his own act.