Ad Dig. 29,2,19Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. III, § 598, Note 2.The Same, On the Edict, Book LIX. Where anyone desires to enter upon an estate, or to claim prætorian possession of the same, he must be certain that the testator is dead.

Paulus, On the Edict, Book LIX. Unless it is brought for the amount which came into his hands.

Paulus, On the Edict, Book LIX. When one of several creditors asks to be placed in possession of the property of a debtor, the question arises whether he alone who makes the request, can take possession. Or whether, where only one makes the request, and the Prætor grants it, all the creditors will be permitted to enter upon the property. It is more convenient to hold that when the Prætor places a party in possession he is considered to have granted permission not only to him who makes the request, but to all the creditors as well. This opinion is also held by Labeo. In this case, it is not considered that possession is acquired by a free person, because he whom the Prætor permits to take possession does not acquire anything for himself, but performs an act which is customary and therefore the others profit by it. It is clear that if anyone who is not a creditor should ask for. possession, it can, by no means, be held that a creditor can acquire possession, because a demand of this kind is of no effect. It is otherwise, however, if a creditor, to whom permission has been given to take possession, afterwards receives payment of his debt, for the other creditors can follow up the sale of the property. 1He who is ordered to take possession is understood to be directed to do so in some place which is subject to the jurisdiction of the court. 2If possession cannot be taken on account of the nature of the property, or because land has been inundated, or is in the power of robbers, it is very properly held that there is nothing of which to take possession.

Paulus, On the Edict, Book LIX. Where a creditor is placed in possession of the property of a debtor, a curator should be appointed, if there is any danger of rights of action being extinguished. 1An action is granted against a creditor who has been placed in possession, with reference to any property of the debtor which may have come into his hands. If he has not yet obtained anything, he must assign his rights of action. An action in factum will be granted against him, and everything included in one for voluntary agency must be surrendered by the creditor, if this action can be brought under the circumstances.

Paulus, On the Edict, Book LIX. It makes no difference whether anyone is prevented from taking possession in his own name, or in that of another, for the words, “For the amount of the value of the property,” have reference to the owner personally. 1He also is liable who, either in his own name or in that of another, prevents possession from being taken.

Paulus, On the Edict, Book LIX. It has often been stated that a conjunctive particle can be understood as a disjunctive one, and vice versa, and occasionally something which is separate from them both; for when the ancients said “agnates and cognates” this was understood to be disjunctive. When, however, it is stated, “His money or guardianship,” it is evident that a guardian cannot be appointed without control of the property; and when we say, “Which I have given or donated,” we include both. When, however, we say, “What he must either give or do,” it is sufficient to prove one of these two things. When the Prætor says: “If he redeems the gift, the present, and the services due from him,” and all these things have been prescribed, it is certain that all of them should be redeemed. Therefore, these particles are considered as conjunctive. 1Where some of these things are imposed, others cannot be exacted. 2Ad Dig. 50,16,53,2Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 453, Note 5.Likewise, it may be doubted in what way the following words, “By aid and advice,” should be understood; that is, whether they ought to be taken conjunctively or separately. The better opinion is, as Labeo says, that they should be understood separately, for the reason that it is one thing where anyone furnishes his aid in a theft, and another where he only gives his advice; and, indeed, according to the authority of the ancient jurists, the conclusion is arrived at that no one is considered to have aided in doing anything unless he gave bad advice; nor to have given bad advice, unless the illegal act was the result of it.

Paulus, On the Edict, Book LIX. Those are called managers who have particular supervision of affairs, and are, more than others, required to manifest diligence and solicitude with reference to the business of which they have charge. And, indeed, the term “magistrate” is derived from master, and also instructors in any kind of learning are so called from the fact that they admonish or explain. 1Anyone who has received security is still considered to retain the right of recovery.