Celsus, Digest, Book XXVII. Where a plaintiff dies and leaves several heirs, and one of them institutes proceedings, it is not true that everything involved in the case up to that time is in Court; for no one can conduct a suit in court which has already been begun by another, if his co-heir does not consent.

Celsus, Digest, Book XXVII. Where the right of passing or driving through land belongs to several persons, it can be granted to me separately by each of them. Therefore, strictly speaking, the right will not become mine unless all of them grant it; and when the last grant is made all those made previously will become operative. The more favorable construction, however, is, that before the last party makes the grant, those who have previously done so cannot prevent me from using the right already granted.

Celsus, Digest, Book XXVII. If I purchase the cast of a fisherman’s net, and the latter refuses to cast his net, the uncertainty of the result must be taken into account in assessing the damages. If the fisherman refuses to deliver to me the fish which he has caught, an estimate should be made of what he did catch.

Celsus, Digest, Book XXVII. If anyone should sell and transfer to me a right of way which he has in common with another, as if he were the sole owner of the same, he will be liable to me on the ground of eviction, if the other party refuses to transfer to me his right.

Celsus, Digest, Book XXVII. If I should sell you any property which is in your possession, it is settled that I will be liable on the ground of eviction, for the reason that it is considered the same as delivered. 1Where several heirs are left by a party who sold me property, the obligation with reference to eviction applies to all of them and all of them should be notified, and all ought to defend the suit. If they purposely do not appear in court, or one of them appears for all in the case, all of them will be successful, or will be defeated on account of the effect of the notice, and the absence above mentioned, and I can legally proceed against the others, because they were defeated on the ground of eviction. 2If you should sell me a tract of land with the reservation of the usufruct in the same, and the said usufruct belonged to Titius, to whom it had been left during his lifetime, and I am ignorant of the fact, and Titius should forfeit his civil rights, but afterwards having recovered them, should bring suit claiming that he was entitled to the right of the use and enjoyment of the property, an action under the stipulation, on the ground of eviction, will lie in my favor against you; although if what you stated to me at the time of the sale were true, I could very properly deny that Titius was entitled to the use and enjoyment of said property.

The Same, Digest, Book XXVII. When, having stipulated for ten aurei to be paid to myself or to Titius, I accept five; the promisor can properly pay the remaining five to Titius. 1If a surety pays the agent of the creditor, and the latter ratifies the payment after the time when the surety could have been released has elapsed, still, for the reason that the surety paid while he still was liable on account of his suretyship, he cannot recover what he paid, and he is just as much entitled to the action on mandate against the principal debtor as if he had paid the creditor when present. 2Ad Dig. 46,3,71,2Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 74, Note 7.Again, if the creditor, not being aware that payment has been made to his agent, gives a release to the slave or the son of the debtor, and he afterwards learns of the payment, and ratines it, it is confirmed; and the release which he gave becomes of no force or effect. And on the other hand, if he does not ratify the payment, the release remains valid. 3If, however, not being aware of the payment, he institutes legal proceedings, and ratifies the payment while the suit is pending, the party against whom the action is brought will be discharged; but if he does not ratify it, judgment shall be rendered against the defendant.