Javolenus, Epistles, Book II. Where the usufruct of a house is bequeathed as long as any part of said house remains, the legatee will be entitled to an usufruct in the entire ground.

The Same, Epistles, Book II. I sell land which belongs to me alone; can I impose a servitude upon it to the effect that it shall be servient to myself and my neighbor? In like manner, if I sell property which I own in common with another, can I provide that it shall be subject to a servitude for the benefit of myself and my joint-owner? I answered that no one can stipulate for a servitude for the benefit of anyone but myself; and therefore the addition of the neighbor must be considered superfluous, as the entire servitude will belong to him who stipulated for it. Again, when the land held in common is sold, I cannot subject it to the servitude for the benefit of myself and my joint-owner, for the reason that a servitude cannot, through the act of one of the joint owners be acquired for the benefit of land held in common.

Javolenus, Epistles, Book III. I alleged in an action that the defendant had no right to have his timbers inserted into my wall; must he also give security that he will not insert any into it hereafter? I answered that I think it is part of the fluty of the judge to compel him to give security with reference to future work as well.

The Same, Epistles, Book II. Where I am entitled to a servitude over several tracts of land, and I acquire one of the tracts situated between two others, I think that the servitude remains, for a servitude is merged only when the party to whom it belongs cannot make use of it; but where he has acquired land between two other tracts, it may be held that he is entitled to a right of way through the first and last of these.

Javolenus, Epistles, Book II. An arbiter cannot decide that land belonging to an estate shall be subject to a servitude attaching to land which is not a part of said estate; for the reason that the authority of a judge cannot extend beyond what is before the court.

The Same, Epistles, Book II. I stipulated for a certain sum of money to be paid by Titius at a certain place, he demands of me a sum of money which I owe him; I ask whether the interest I had in having the amount paid to me in a certain place, as aforesaid, should be included in the set-off? The answer was, that if Titius makes the demand, the sum also which he promised to pay in a certain place must be included in the set-off; but this must be done with reference to his case also, that is to say, the interest Titius had in having the sum of money owing to him paid in a place agreed upon must be taken into consideration.

The Same, Epistles, Book II. “The tract of land is purchased for myself and Titius.” I ask whether the sale includes a portion of said land, or the whole of it, or whether it is void? I answered: I think that the mention of Titius is superfluous, and therefore that the purchase of the entire tract is mine.

The Same, Epistles, Book II. I made a bequest to a slave without granting him his freedom, and I then bequeathed to Mævius his choice of my slaves. He selected the same slave, and I ask whether what was bequeathed to the latter is also due to him. The answer was, I do not think that the legacy left to the said slave will belong to his master.

The Same, Epistles, Book II. I stipulated that either Damas or Eros should be given to me. When you gave me Damas, I was in default in receiving him. Damas is dead. Do you think that I am entitled to an action under the stipulation? The answer was, that according to the opinion of Massurius Sabinus, I think that you cannot bring suit under the stipulation; for he very properly held that if the debtor was not in default in paying what he owed, he would immediately be released from liability.