The Same, Epitomes of the Digest of Alfenus, Book IV. A man who had two tracts of land, in the sale of one of them reserved the water which came from a spring on the land, and also a space of ten feet around it. The question arose whether the ownership of the ground reserved belonged to him, or merely whether he was entitled to access to it? The answer was that, “If what he retained was ten feet wide around said spring”, it should be held that the vendor had only a right of way.

Ad Dig. 10,4,19ROHGE, Bd. 11 (1874), Nr. 121, S. 395: Klage des Inhabers des Umlaufexemplars (Secunda) gegen den Verwahrer des Acceptexemplars (Prima) des Wechsels auf Herausgabe. Begründung der Klage.Paulus, Epitomes of Alfenus, Book IV. Any one who is interested can bring an action for production. A certain person, however, made inquiry as to whether this action was available to compel the production of the accounts of his adversary for his inspection, as he alleged had a great interest in having the same produced. The answer was that the law should not be employed to cause annoyance, and that terms ought not to be captiously construed, but that it was proper to consider with what intention the words were uttered; for, in accordance with this principle, if anyone was desirous of studying some branch of knowledge, he might state that he had an interest in such and such books being produced for his benefit, because if they were produced, after he had read them he would become a more learned and a better man.

Paulus, Epitomes of the Digest of Alfenus, Book IV. A man who sold a tract of land stated in the contract: “That the purchaser should measure the land within the next thirty days, and should give him notice of the measurement, and if he did not do so Within that time, the vendor should be released from his obligation.” The purchaser gave notice of the measurement within the stated time, Which was found to be less in extent than he supposed, and on this account he received money from the vendor. He afterwards sold the land, and when he himself was measuring it for his own purchaser, he found that there was very much less land in the tract than he thought there was. The question arose whether the amount of the deficiency could be recovered from his vendor. The answer was that the terms of the contract should be examined. For if it had been stated “That the purchaser should measure the land within the next thirty days, and notify the owner how much was lacking in the measurement,” and he notified him after the thirtieth day had passed, it would be of no advantage to him; but if it had been set forth in the agreement “That the purchaser should measure the land within the next thirty days, and notify him of the measurement of the same,” even though he notified him that the tract was smaller in size than had been supposed, he could, even after several years, bring an action to recover the value of the deficiency. 1In a contract for the sale of land the vendor granted the right to obtain water; and the question arose whether a right of way to the water was also included. The answer was that this seemed to have been the intention of the parties, and therefore that the vendor was compelled to grant a right of way. 2A party who sold a field, stated that it contained eighteen jugera, and stipulated that after it had been measured he should receive a certain price for each jugerum. The field was found to contain twenty jugera, and it was held that payment for twenty was due. 3The vendor of a tract of land reserved the grain that had been sowed with the hand, and on the tract a crop had grown from grain which had fallen from the stalk. The question arose whether this was included in the contract. The answer was that the intention should be carefully considered, but, according to the terms of the agreement, the intention seemed to be that what had fallen from the stalk should not be included, any more than if it had fallen from the sack of the sower, or had grown from seeds dropped by birds. 4Where a party sold a tract of land and reserved the entire crop of the same, it was held that reeds and wood that were cut were included in said crop. 5A slave stated that casks which were on land belonging to his master were accessory to the same. It was held that the casks, which had been bought by the slave who had cultivated the land, and which formed part of his peculium, should be delivered to the purchaser. 6The wheel also by which the water is drawn is a part of the building as well as the bucket.

The Same, Epitomes of the Digest by Paulus, Book IV. Where a person sold and delivered a tract of land containing a hundred jugera, he showed a tract of much greater extent to the purchaser, if the latter should, in consequence, be evicted from a part of the land, the vendor will be obliged to make good the amount in proportion to the quality of the soil; even though the remaining portion may include a hundred jugera.

Alfenus, Epitomes of the Digest by Paulus, Book IV. A man who owned a field situated above that of another plowed it in such a way that the water was carried by the furrows and ridges upon the land of his neighbor below. The question arose whether he could be compelled by an action requiring him to take care of the rainwater, to plow in a different direction, so that the furrows would not be turned toward the premises of the neighbor. The answer was that he could not do anything to interfere with his neighbor plowing in any way that the latter desired. 1If, however, anyone plows across a water-course, and by means of the furrows, the water should be diverted upon the land of a neighbor, in such a way as to obstruct the water-course, he can be compelled to open it by means of this action. 2But if he should dig ditches by which the rain-water could injure a neighbor, he can be compelled by the court to fill them up, if it appears that the rain-water might afterwards cause damage, and judgment could be rendered against him, unless he did so; even though, before a decision was rendered, the water had not yet begun to flow through the ditches. 3When lakes either rise or fall, the neighbors have no right to do anything to affect either the increase or the diminution of the water.

Alfenus Varus, Epitomes of the Digest of Paulus, Book IV. Attius had a tract of land along a public highway; beyond the highway there was a river, and a field belonging to Lucius Titius. The river gradually surrounded the field, which was situated between the road and the river, and afterwards covered the road, then it receded little by little, and by alluvium returned to its ancient bed. The conclusion arrived at was that, since the river had covered both the field and the highway, the field became the property of him who owned land on the other side of the stream, and afterwards, having little by little receded to its former channel, the land was taken away from him whose property it had become, and was added to that of him who was on the other side of the highway, as his land was nearest to the river. The highway, however, which was public, could belong to no one by accession. It was decided that the highway offered no impediment to prevent the field which was left on the other side of it by alluvium from becoming the property of Attius, for the highway itself was also part of his land.

Alfenus, Epitomes of the Digest of Paulus, Book IV. If anyone makes an excavation for the purpose of taking out chalk, and removes it, he is a thief, not because he dug out the chalk, but because he took it away.

The Same, Epitomes of Alfenus, Book IV. When anyone sells a tract of land, reserving the fruit, he is understood to reserve the nuts, figs, and grapes whose skins are hard and purple, and are of the kind which we do not use in making wine, and which the Greeks call suitable for eating purposes.