Modestinus, Differences, Book VI. An agent appointed for the purpose of transacting the affairs of his principal, in general cannot alienate either the real or the personal property of his principal, nor his slave, without an express mandate to that effect; with the exception of fruits, or other things which may be easily spoiled.

Modestinus, Differences, Book VI. He should be understood to be, to all intents and purposes, a plunderer, who tacitly agrees to deliver the estate to someone who has no right to it.

Modestinus, Differences, Book VI. It is commonly held that a servitude cannot be acquired of a part of the ownership; and therefore, where anyone who has a tract of land stipulates for a right of way and afterwards alienates a portion of said land, he, in this instance, vitiates the stipulation by introducing matters for which, in the beginning, a stipulation could not have been made. A right of way with reference to a part cannot be either bequeathed or revoked, and if this is done, neither the bequest, nor the revocation will be valid.

Modestinus, Differences, Book VI. Where anyone alleges that the will of Titius is forged, and does not prove his allegation, he will not be prevented from becoming the heir of the heir of Titius, because he does not succeed directly to the estate of Titius.

The Same, Differences, Book VI. If the disinherited grandson should become the heir of him whom the grandfather appointed his heir, and then his emancipated father, who had been passed over in the will, should obtain prætorian possession of the estate of his father contrary to the provisions of the will, the grandson could not be joined with his father, but would be excluded as a stranger, because he is not the heir of his grandfather in his own right.

Modestinus, Differences, Book VI. If the property of an intestate son passes to his father, who manumitted him, as the heir-at-law, or, if not having manumitted him, he should be entitled to prætorian possession of the same, the mother of the deceased will be excluded.

Ad Dig. 41,7,3Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 169a, Note 5.Modestinus, Differences, Book VII. An inquiry is sometimes made whether a portion of anything can be considered to have been abandoned. And, indeed, if a joint-owner gives up his share of the common property, it ceases to belong to him, so that the same rule is applicable to a portion that is to all. The sole owner of property, however, cannot retain a part of the same and abandon the remainder.

Modestinus, Differences, Book VI. It is clear that prescription based upon long possession applies to land as well as to slaves.

Modestinus, Differences, Book VI. When a master defends his slave for a capital offence, he is ordered to give security for his appearance in court.

Modestinus, Differences, Book VI. The constitutions which discuss the question whether appeals should be received or not, so that nothing new may be introduced against them, do not apply to those whom it is for the interest of the public to be punished without delay; as, for instance, notorious robbers, or persons who instigate sedition, or the leaders of factions.

Modestinus, Differences, Book VI. Those who become heirs through a distant degree of relationship to the deceased are considered to be none the less heirs than if they had been of the first degree.