Paulus, On the Edict, Book XXVI. Where a suit in rem is brought, the heir of the possessor—if he himself is not in possession—will be released; still, if any personal liability of the deceased has been incurred, this must, by all means, be included in the judgment.

Paulus, On the Edict, Book XXVI. Where a right of choice is granted within a certain time, and the trial has been protracted so long that the production will be of no avail, the advantage to which the plaintiff is entitled must be preserved; but if the heir was not to blame because he did not produce the property at the time when issue was joined, he should be discharged.

Paulus, On the Edict, Book XXXVI. There is ground for this action where a party is to be produced whose freedom anyone wishes to have established. 1A son under paternal authority is liable to this action, if he has power to produce the property. 2Julianus says that where several actions are brought for production of the same property, and this is done for the same reason, an exception can be pleaded. Where, however, a party brings suit for the recovery of property, and after issue has been joined he receives the property from another person, a new cause of action is introduced, and therefore he cannot avail himself of an exception. Again, where anyone is about to bring suit against a party for theft and institutes proceedings for production, and the property is stolen a second time, the same principle will apply. Finally, where a party institutes proceedings for production in order that a choice may be made, and after issue has been joined the right to choose is given to him by the will of some one else, he can bring another action for production. 3Where anyone makes must out of my grapes, or oil out of my olives, or clothing out of my wool, being aware that these things belong to another; he will be liable to an action for production with reference to both, because what is made out of our property is certainly ours. 4Ad Dig. 10,4,12,4Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 124, Note 9.Where a slave dies after issue has been joined, even though this happens without the malicious fraud or negligence of the possessor; still, judgment sometimes should be rendered against him to an amount equal to the benefit which would have accrued to the plaintiff if nothing should be done by the possessor to prevent the slave from being produced in court when issue was joined; and so much the more is this the case if it appears that he died on account of some accident which would not have happened if he had been produced at the time. 5Where property cannot be produced immediately for some good reason, the party must furnish security by order of court, that he will produce it upon a specified day. 6An heir can make use of this proceeding in his own name, but not while acting as heir. The heir of a possessor is also liable on his own account. Hence, it is not worth while to ask whether the action can be granted either to an heir or against one. It is evident that this action should be granted against an heir where the deceased had been guilty of fraud, if the estate has become more valuable on this account; for instance, where the heir obtained the price of the property.

Paulus, On the Edict, Book XXVI. It is otherwise where proceedings are taken on a stipulation or under a will, for then it is not customary for the claim to be sworn to.

Paulus, On the Edict, Book XXVI. Where one of several slaves who have the same name is ordered to be free, and it is not apparent which one was meant, none of them will obtain freedom.

Paulus, On the Edict, Book XXVI. The expression, “is necessary,” has no reference to the authority of the judge, who can render a decision for a larger or a smaller amount, but relates to the truth.