The Same, On Quintus Mucius, Book XXXIX. Where an alienation of property is made, we transfer the ownership of the same to the other party, together with its accessories, that is, in the same condition as if the property had remained in our hands; and this rule applies to all cases under the Civil Law, unless something to the contrary has been expressly stated.

Pomponius, On Quintus Mucius, Book XXXIX. For the reason that the number of actions is not sufficient in every instance, recourse, in general, is had to those in factum. So far as actions prescribed by the laws are concerned, where one is just and necessary, the Prætor supplies it, if no provision for the case has been made by legislation. This he does under the Lex Aquilia, by granting actions in factum adapted to the purpose, which the utility of said law requires.

The Same, On Quintus Mucius, Book XXXIX. It frequently happens that property of which we can, under certain circumstances, be deprived, is in such a condition as to be incapable of being taken from us. Hence, if we have become liable to the Treasury by encumbering a tract of land, we can sometimes bring an action to recover it, alienate it, and impose a servitude upon it.