Ad Dig. 3,4,9Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 58, Note 4.Pomponius, On Sabinus, Book XIII. If you have an interest in an estate in common with a municipality, a right of action can be brought by both of you for a division of the property. The same thing may be stated with reference to an action for the establishment of boundaries, and for the prevention of the flow of rain-water upon your premises.

Pomponius, On Sabinus, Book XIII. Where you contend that part of an estate is owned by yourself and me in common, which I, for some other reason, declare to be mine alone; this is not included in the action for the partition of an estate. 1Fraud committed by a slave of the heir does not come within the terms of the action for the partition of an estate, unless there was negligence on the part of the owner of the slave in that he employed a slave which was not trustworthy to take care of the common property.

Pomponius, On Sabinus, Book XIII. Where a person with whom you hold land in common does not answer in the case of an offence, and on this account the house is demolished, or the trees are cut down by order of the judge; damages can be recovered by you in an action for the partition of common property, for whatever is lost through the negligence of a joint-owner is included in this proceeding.

Pomponius, On Sabinus, Book XIII. Where an action for the partition of an estate and one for the division of property held in common or for the establishment of boundaries is brought between several persons, the same judge should be selected; and, moreover, they should all be present in the same place, in order that the co-heir or joint-owners may the more easily assemble.

Ad Dig. 17,2,15Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 307, Note 3.Pomponius, On Sabinus, Book XIII. Or because it was not possible for him to enjoy the property on account of which the business of the partnership was undertaken.

Pomponius, On Sabinus, Book XIII. Where a slave forms a partnership, it will not be sufficient for him to be ordered by his master to withdraw from it, but his partner must be notified of his renunciation of the same.

Pomponius, On Sabinus, Book XIII. It is clear that, if the heirs of partners have the intention of forming a partnership in the estate by new consent, whatever they afterwards do will furnish ground for an action on partnership.

Pomponius, On Sabinus, Book XIII. Where you and I own a field in common, and you bury a dead body therein, I can bring an action on partnership against you.

Pomponius, On Sabinus, Book XIII. For the reason that where a partner places the proceeds of a crime in the partnership fund, he cannot recover it, except where he is compelled to surrender it by a judicial decision.

The Same, On Sabinus, Book XIII. Labeo says that a partner who fails to report to the partnership the profit which he has obtained, or one who uses the money for his own benefit, must pay interest on it, not as ordinary interest, but by way of indemnity for what his partner has suffered by reason of his default. If, however, he did not make use of the money, or was not in default, the contrary rule applies. Moreover, after the death of a partner, no estimate of damages can be made on account of any act of his heir, because the partnership was dissolved by the death of the partner. 1A partner, while attempting to prevent slaves, who formed part of the stock of the partnership from escaping, was wounded; Labeo says that the expense which he incurred for medical services, in consequence, cannot be recovered by an action on partnership, because it was not actually caused by the partnership business, although it was done on account of it; just as if where someone had avoided appointing a party an heir, or had passed him by in bequeathing a legacy, or had managed his property more negligently on account of a partnership, for any gain which he himself had obtained on account of the partnership he would not be obliged to place in the common fund; as, for example, if he had been appointed an heir on account of the partnership, or anything had been given to him for this reason.

Pomponius, On Sabinus, Book XIII. If Titius, with whom I have formed a partnership should die, and I am of the opinion that his estate belongs to Seius, and I sell the common property and take half of the proceeds of the sale, and Seius takes the other half; you, who are in reality the heir of Titius, cannot recover from me, in an action on partnership, the money which I have paid out; as was held by Neratius and Aristo, because I have only received the value of my share. Nor does it make any difference whether I dispose of my share separately, or together with that which the other party alleges is his. Otherwise, the result would be that, even if two partners should sell the property of the partnership, either one of them would be liable to the other in an action on partnership for half of whatever had come into his hands. But you would not be obliged to make good to me in a suit for the estate anything that you might have obtained from Seius, because what came into his possession was the price of your share, and nothing could be recovered from him by me, since I have already obtained what was mine.

The Same, On Sabinus, Book XIII. It is denied that ignorance of the law is of any advantage in usucaption, but it is established that ignorance of fact is a benefit.