Macer, On Appeals, Book I. It must be remembered that the possessors of real property are not compelled to give security. 1Ad Dig. 2,8,15,1Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 154, Note 7.By such a possessor is to be understood one who possesses land either in the country or in the city, either wholly, or in part. He also is understood to be a possessor who holds land subject to the payment of rent to the State, that is, an emphyteutic estate; and he also who has the mere ownership is considered to be a possessor. Ulpianus, however, stated that he who has only the usufruct, is not a possessor. 2A creditor who has accepted a pledge is not a possessor, even though he may have possession of the article, or whether it has been delivered to him, or is held by the debtor at the will of the creditor. 3Where real property is given by way of dowry, both the wife and the husband are understood to be possessors on account of their possession of said property. 4The case is different with a party who has the right of personal action for the recovery of land. 5Guardians, whether their wards or they themselves are in possession, are considered possessors; and the same rule applies where only one of several guardians is in possession. 6If you bring suit against me for land of which I am in possession; and judgment is rendered in your favor, and I take an appeal; am I still to be considered the possessor of said land? It may be very properly stated that I am the possessor of the same, because I still hold it; nor does it make any difference that I can subsequently be deprived of my possession. 7To ascertain whether a party is, or is not a possessor, the time when a bond was required must be considered; for just as the party is none the worse who has sold his possession after giving a bond, so he who takes possession after a bond has been executed obtains no advantage.

Macer, On Appeals, Book I. When anyone appeals at the time when the judgment is rendered, it will be sufficient for him to say, “I appeal.”

Macer, On Appeals, Book I. It is not permitted to appeal from the execution of a judgment. 1It is, however, permitted to appeal from the decision of one who is alleged to have placed a wrong interpretation upon a judgment, if he had the authority to interpret it, as, for instance, the Governor of a province, or the Imperial Procurator; provided that, in discussing the causes for granting the appeal the question alone is raised whether the interpretation was according to law. This was also stated by the Divine Antoninus in a Rescript. 2Where another person has been convicted, he who has an interest in the case can appeal; for instance, one who, having appointed an attorney, has been defeated, and the attorney did not appeal in his name. 3Likewise, if the purchaser is evicted of the property sold, and neglects to appeal, the vendor can appeal. Or, if he brings suit and is defeated, the vendor should not be denied the right to appeal. But what if the vendor who refused to appeal is not solvent? And even if he should appeal, and appears to be liable to suspicion when conducting the case, the defence for this reason can be entrusted to the purchaser, just as if he himself had appealed. 4This has been decided with reference to the creditor, when the debtor is defeated and appeals, for he did not faithfully defend his case. This constitution should be understood to mean that the creditor having intervened, the debtor lost his case involving a pledge and took an appeal. For it has been decided that the debtor, in case of the absence of his creditor, does not prejudice him in any way. 5Where an attorney who is conducting a case loses it, let us see whether he himself can appeal through another attorney, because it is established that one attorney cannot appoint another. It must, however, be remembered that an attorney, by the joinder of issue, becomes the master of the case, and therefore can appeal by the agency of another attorney.

Macer, Appeals, Book I. If you have conducted a case as an attorney, and, having been defeated, appeal, and your appeal has been decided to be ill founded, it may be doubted whether you should appeal on the second day, for as judgment has been rendered against your appeal, you appear to be the party in interest. It is, however, better to hold that you can appeal on the third day, because you have, nevertheless, defended the case of another. 1If, however, another than a party litigant should appeal, for example, one who has an interest, let us see whether he can appeal on the third day. It must, however, be said that he ought to appeal on the second day, because it is true that he is defending his own case. It would be opposing himself if he should allege that he has a right to appeal within three days, because it is held that if he takes an appeal in the name of another, when if he wishes his own case to appear to be that of another, he excludes himself, for the reason that he who was not a party in the beginning has no right to appeal in another’s case. 2If, however, one who is alleged to be a freedman should defend himself on the ground that he is freeborn, and, having been beaten, neglects to appeal, the question arises whether his father can do so, especially if he states that he is under his control. But if he can appeal, it is better to hold that he should do so on the second day, as conducting his own case. 3Where a near relative appeals in behalf of a person who has been sentenced to death, Paulus doubts whether he should be heard on the third day. It must, however, be said that a person of this kind should appeal upon the second day, as representing himself; because he who alleges that he is interested is defending his own case.

Macer, Appeals, Book I. He should not be heard who attempts to cause delay in a suit in which he alleges in reply that he has presented a petition to the Emperor, and is waiting for the issue of the Rescript, and, if he takes an appeal on this ground, the Imperial Constitutions forbid it to be received.