Paulus, On the Edict of the Curule Ædiles, Book I. For the reason that when a slave is returned, everything has a retroactive effect, and, therefore, the party who returns the property is not held to have alienated it, in order to change the conditions of the trial; unless he restores the slave for this very purpose, and otherwise would not have restored him.

Paulus, On the Edict of the Curule Ædiles, Book I. Where property is sold in good faith, the sale should not be annulled for a trifling reason.

Paulus, On the Edict of the Curule Ædiles, Book I. Or melancholy,

Paulus, On the Edict of the Curule Ædiles, Book I. Moreover, if the purchaser, in an action for the return of a slave, joins issue, or he himself brings suit in his own name, security must be furnished by both parties that the vendor will pay the amount of the judgment rendered against him, where there is no bad faith on his part, and that the purchaser will deliver to the vendor anything that comes into his hands or which on account of his bad faith he has been unable to obtain by means of the action which he has brought in behalf of the slave. 1Ad Dig. 21,1,30,1ROHGE, Bd. 3 (1872), S. 100: Anspruch auf Fütterungskosten im Falle der Auflösung des Kaufs eines Pferdes wegen Mängeln desselben.The purchaser shall be entitled to any necessary expenses incurred by him on account of the illness of the slave after issue has been joined, and Pedius says that expenses previously incurred should be specifically mentioned; but Aristo holds that food for the slave should not be taken into account, for the reason that nothing is demanded for the time that the slave was in service.

Paulus, On the Edict of the Curule Ædiles, Book I. Or brothers;

Paulus, On the Edict of the Curule Ædiles, Book I. Most authorities say that an ox which strikes with its horns is vicious, just as is the case with mules that kick. Horses, also, which are frightened without any cause and run away, are also said to be vicious. 1A slave who takes refuge with a friend of his master, in order to obtain his intercession with the latter, is not a fugitive; not even if he has the intention of not returning home if he does not obtain pardon. He is not yet a fugitive, for the reason that the term “flight” does not merely apply to design but also to the act itself. 2Where a slave, through being instigated by another to leave his master, takes to flight, he is a fugitive; even though he would not have run away if it had not been for the advice of the person who persuaded him. 3If a slave of mine who was serving you in good faith runs away, he is a fugitive, whether he knows that he belongs to me or is ignorant of the fact, unless he did so with the intention of returning to me. 4A slave attempts suicide who does so on account of wickedness, bad habits, or some crime which he has committed; but not where he takes such a step because he is unable to endure bodily suffering. 5Where anyone purchases a slave, and is deprived of him by force, he can recover fourfold damages on the ground of robbery, and he can afterwards return the slave, and the vendor must refund the price which he received. Where, however, he suffered injury through his slave, and has instituted proceedings on that account, he cannot return him to the vendor, unless the purchaser should bring an action against the party who has beaten the slave with a whip, or subjected him to torture. 6Ad Dig. 21,1,43,6ROHGE, Bd. 10 (1874), S. 347: Actio quanti minoris auf Restitution des ganzen Kaufpreises, wenn die Waare durch den Fehler völlig entwerthet ist.A slave should sometimes be returned, even though we may have brought an action for his appraisement, that is to say, the estimate of the excess of the price above his true value. For if he is worthless, so that it is not to the advantage of his master to have such a slave, as, for instance, where he is subject to fits of rage, or is insane, even though an action for his appraisement may have been instituted, it is, nevertheless, the duty of the judge to cause the purchase-money to be repaid after the slave has been returned. 7If anyone should cause the return of a slave with the intention of defrauding his creditors, and would not have returned him unless he had intended to defraud them; the vendor will be liable to the creditors for the value of the slave. 8When a slave is pledged, he will remain bound even though he be returned; just as where he, or the usufruct in him, has been disposed of, he cannot lawfully be returned unless he is redeemed and restored free from the liability contracted under the pledge. 9Where a slave is purchased under a condition, and proceedings with a view to his return are instituted before the condition has been fulfilled, they will be void, because the purchase is not yet complete, and cannot be set aside by the decision of a judge; and therefore if an action on purchase or sale, or one for the return of property is filed before the condition has been fulfilled, suit can afterwards be brought a second time. 10In some instances even where an absolute sale has taken place, it remains in abeyance on account of a condition of law; as for example, where a slave in whom one party has the usufruct and the other the ownership, buys something; for as long as it is uncertain out of whose property he pays the price, the title to the property will be in suspense, and therefore neither of the parties can bring an action for the return of the slave.