Ad Dig. 12,1,22Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 258, Note 7.The Same, On Minicius, Book IV. A loan of wine was made and proceedings were instituted to recover it; the question arose with reference to the time when an estimate of its value should be made, whether when it was delivered, when issue was joined in the suit, or when the case was decided? Sabinus answered that if it had been stated at what time it was to be restored, the estimate should be made of what it was worth at that date; but if not, its value should be estimated at the time when suit was brought. I asked at what place the valuation should be made? The answer was, if it had been agreed that it should be restored at a certain place, the valuation should be made there; but if this had not been mentioned, it should be appraised at the place where suit was brought.

The Same, On Minicius, Book IV. Where a party is asked to become a surety, and obligates himself for a smaller sum, he is legally liable; but if he becomes bound for a larger sum, Julianus very properly thinks—and this is also the opinion of many authorities—that he will not be liable to an action on mandate for a larger amount than he was asked to become surety for, but only for the sum contained in the request; because he did what he was directed to do; since it is held that the party who requested him relied upon his good faith to the extent to which he was asked to be responsible.

The Same, On Minicius, Book IV. Where property has been left to someone under a condition, and the latter, ignorant of the fact, buys it from the heir, the purchaser can recover the price by an action on purchase, because he has not possession of the property as derived from the legacy.

Ad Dig. 19,2,32Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 361, Note 3; Bd. II, § 400, Note 7.Julianus, On Minicius, Book IV. A man who leased a tract of land to be cultivated for a term of several years died, and devised the said land. Cassius denied that the tenant could be compelled to cultivate the land, because the heir had no interest in it. If, however, the tenant desired to cultivate it, and was prevented from doing so by the party to whom the land had been left, he would be entitled to an action against the heir, and the loss must be borne by the heir; just as where anyone sells something and bequeaths it to another before he delivers it; for, in this instance, the heir will be liable both to the purchaser and to the legatee.

Julianus, On Minicius, Book IV. A slave with varicose veins is not sound.

The Same, On Minicius, Book IV. It is established that the use of water can be divided not only by seasons, but also by measurement. One person can have the right to conduct it for daily use, and another to do so during the summer; so that the water will be divided between them during the summer, and, during the winter, he alone can conduct it who has the right to its daily use. 1It was agreed between two persons who were entitled to the privilege of conducting water by the same aqueduct, at different hours, that the hours for its use should be changed. If they had conducted it for a longer period than was necessary, as prescribed by the servitude, so that neither of them used it during the specified time for which it had been granted him, I ask whether they had lost the right to its use. It was denied that they had lost it.

The Same, On Minicius, Book IV. A slave became surety for a certain person without the knowledge of his master, and paid the money due, in his name. The question arose whether or not the master could recover the amount from the person to whom it had been paid. The answer was that it was important to ascertain in whose name the slave had become surety, for if he had done so with reference to his peculium, then his master could not recover what he had paid out of his peculium, but anything which he had paid on account of his master could be recovered by him. If, however, he became surety for an amount greater than his peculium, any money belonging to his master, which he had paid, could also be recovered, and what he paid out of his peculium could be recovered by a personal action.