Paulus, On the Edict, Book LVII. Or of consular rank;

Paulus, On the Edict, Book LVII. When one person is defended by another it should be done in accordance with the judgment of a good citizen.

Paulus, On the Edict, Book LVII. Interest runs after issue has been joined in a case.

The Same, On the Edict, Book LI. If anyone who is insolvent appoints his slave, with the grant of his freedom, his heir, and substitutes a freeman for him, the substitute will be first entitled to the estate, for the Lex Ælia Sentia confirms the freedom of the slave only where he has not been appointed heir for the purpose of defrauding creditors, if there is no one else who can be an heir under a will.

Paulus, On the Edict, Book LVII. And no less than a hundred days should be granted.

Paulus, On the Edict, Book LIX. The following rule must be observed with reference to the different degrees of heirs, namely, where a will is produced, the appointed heir shall be given the preference; then we pass to those to whom the estate belongs by law, even if there should be but one heir who is entitled to it under both heads; for this order must be followed so that the heir may first reject the estate left him by will, and afterwards that given him by law. The same rule applies to prætorian possession to enable the testamentary heir to reject the estate, and the one who was entitled to it by law on the ground of intestacy. 1If, however, a condition is prescribed for the party to whom the estate will belong by law, he cannot come to any conclusion before the time appointed for the fulfillment of the condition has passed. 2Therefore it must be said, in this instance, if he answers that he does not desire that the estate shall belong to him by either title, prætorian possession of the estate of the deceased shall be granted his creditors.

Paulus, On the Edict, Book LVII. If an agent prevents the construction of a new work, the owner will be entitled to the interdict Quod vi aut clam.

Paulus, On the Edict, Book LVII. With reference to freedom granted by the terms of a trust, if the Prætor should, in the absence of the heir, decide that the slave was entitled to be free, he will become so, and will be the freedman of the deceased, if he was his slave, or of the heir if he belongs to the latter. Moreover, if the heir should die without a successor, the Senate, in the time of Hadrian, decreed that the freedom of the slave should be preserved.

Paulus, On the Edict, Book LVII. A creditor is usually placed in possession, even where the money is promised conditionally. 1Where it is stated, “And let his property which is in possession of the creditors be sold, unless he is a minor, or absent on public business, without fraud,” we must understand that the property of anyone who is absent with fraudulent intent can be sold. 2When anyone is captured by the enemy, his creditors should be placed in possession of his property, in such a way, however, that it shall not be sold immediately, but that, in the meantime, a curator may be appointed.

Paulus, On the Edict, Book LVII. He shall be one of the creditors. 1If one of two heirs deliberates as to whether he will accept an estate within the time prescribed by law, and the other refuses to accept it, let us see what step should be taken by the creditors. It is established that, in the meantime, they shall be placed in possession of the estate, for the purpose of taking care of it, until the heir who is deliberating determines whether he will accept or reject his share.

Paulus, On the Edict, Book LVII. If a slave has been appointed heir under a condition, or if there is a doubt whether he will become free, and the heir, it is not unjust for a decree to be issued, provided the creditors request it; but if he does not become the heir before a specified time, everything shall proceed just as if he had not been appointed at all. This happens very frequently where a slave is appointed heir under the condition of paying a certain person a sum of money, and no date was fixed for doing so. This rule shall be observed with reference to the property of the estate, but as the slave will, at some time or other, obtain his freedom, the Prætor must preserve it for him, even if it is certain that he will never be the heir, or acquire prætorian possession of the estate. If, however, anyone appears to defend the deceased, either by promising that he will be the heir, or by permitting actions to be brought against him, the property of the decedent cannot be sold.

Paulus, On the Edict, Book LVII. Where an heir is appointed under a condition, he should be forced to comply with it, if he can do so; but if he says that he will not accept the estate, even if the condition is fulfilled, the property of the deceased must be sold by his creditors. 1If, however, the heir can do nothing, a curator of the estate should be appointed, or the property sold. 2If there is a considerable amount of indebtedness due from the estate, which may be increased by the addition of a penalty, the debts should be paid by the curator; just as is usually done when a pregnant woman is placed in possession in the name of her unborn child, or the heir is a minor who has no guardian.

Paulus, On the Edict, Book LVII. When novation is properly made, all liens and pledges are released, and interest ceases to be due.