Julianus, Digest, Book VIII. A party cannot obtain what he has secured by a judgment in an action for partition by means of an action for the recovery of an estate, the community of a joint ownership having been dissolved; for the jurisdiction of the judge only extends to his being able to order that an undivided share of the estate shall be delivered to the party applying for it.

Julianus, Digest, Book VIII. The case for the establishment of boundaries remains for hearing, even though the common owners may have brought an action for partition, or have sold the land.

Julianus, Digest, Book VIII. Where land is delivered to a father-in-law as dowry, and the said father-in-law appoints his son-in-law an heir to any portion of his estate, the land should be reserved before division, in compliance with the award of an arbiter in an action for partition; so that the condition of the son will be the same as it would have been if the dowry had been bequeathed in order to be retained. Wherefore, any profits acquired after issue has been joined must be delivered to him, after an account of the expenses has been taken; but such as have been acquired before issue was joined, belong equally to all the heirs. An account must also be taken of the expenses in this case also, because no instance can occur which will prevent this deduction. 1If I wish to bring an action for an estate against you, and you wish to bring one for the partition of the estate against me, the desires of both of us should be gratified where proper cause is shown; or if I am in possession of the entire estate and acknowledge that you are the heir to one half of the same, but I wish to relinquish the joint ownership, I should obtain an action for the partition of the estate, because the latter cannot be divided among us in any other way. Moreover, if you have good ground for bringing a suit for the estate rather than one in partition, then you must be permitted to bring a suit for the estate, since some matters are included in an action of this kind which are not included in one in partition; for instance, if I am indebted to the estate you will not recover what I owed to the deceased by an action in partition, but you will do so by an action for the estate.

Julianus, Digest, Book VIII. Where a slave held in common acquires anything through the property of one of his owners, it will, nevertheless, be subject to joint ownership; but the party through whose property the acquisition was made can collect the amount by an action in partition, because it is in conformity with good faith that every one should have a prior lien on anything which a slave acquires by means of his property. 1If I intend to bring an action against you for the partition of common property, and you transfer your share to Titius for the purpose of changing the conditions of the trial; you will be liable to me in a prætorian action, because you acted in such a way as to avoid an action in partition being brought against you.

Julianus, Digest, Book VIII. Where parties bind themselves without any reason for doing so, they can obtain a release by means of a suit brought for an uncertain amount, and it makes no difference whether the party contracted the entire obligation without any ground, or a greater one than there was any necessity for; unless, indeed, the proceedings brought to release him from every obligation whatsoever are different from those brought to discharge him from liability for part of the obligation; for example, where a party promised to pay ten aurei, for, if he had no reason to make the promise, he can, by means of an action for an uncertain amount obtain a release from the entire stipulation; but if he promised to pay ten aurei when he ought only to have promised five, he can, by means of an action for an uncertain amount, secure his release from the payment of five.