Pomponius, On Sabinus, Book XXIX. Where a possessor who is a child or an insane person destroys or spoils anything, he cannot be punished.

Pomponius, On Sabinus, Book XXIX. And it is settled that he cannot even be granted a Publician Action, lest he may be able to obtain property by violence and against the will of the owner, by the payment of a fair price.

Pomponius, On Sabinus, Book XXIX. Aristo says that a ward who is in possession can have judgment rendered against him on account of the fraud or negligence of his guardian; but I do not think that the damages should be fixed at the amount to which the plaintiff will make oath in court. Nevertheless, this would be the case if the ward can recover the value of the property from his guardian.

Pomponius, On Sabinus, Book XXIX. If, however, you are ejected by armed force, you will be entitled to recover the land, even if you originally obtained possession of it either by violence, or clandestinely, or under a precarious title.

Pomponius, On Sabinus, Book XXIX. Where a new work is ordered to be removed by a judge who has been applied to under this interdict, and anyone else removes it with violence, or clandestinely, the party against whom judgment has been rendered will, nevertheless, be ordered, under all circumstances, to restore the property to its former condition. 1If I order my slave to construct a new work, and no suspicion of clandestine action attaches to me, but my slave thinks that my adversary will oppose him if he should hear of it; will I be liable? I do not think that you will be, because I, personally, should only be considered. 2In the construction of a new work, the land as well as the air which may be affected must be taken into account. 3If anyone, on account of the construction of a new work, loses any right attaching to his land, this should be remedied by the interdict.

Pomponius, On Sabinus, Book XXIX. If while the precarious tenure is still existing, you request that it be continued for a long time, it will be extended; for the title to possession is not changed and a precarious title is not created in this way, but is merely prolonged. If, however, you request it after the time has elapsed, the better opinion is that a precarious title having once been extinguished is not renewed, but a new one is established.

Pomponius, On Sabinus, Book XX. It is based upon absolute justice, as it prescribes that a person shall only make use of our property to the extent that we are willing to grant him permission to do so. 1Guests, and others who are entitled to free lodgings, are not understood to hold under a precarious tenure. 2We can hold under a precarious tenure property which consists of a right, as thai which permits the insertion of beams into a building, or allows structures to project over land. 3Anyone who has obtained security for the restitution of his property is not entitled to the benefit of the interdict relating to a precarious tenure. 4Ad Dig. 43,26,15,4Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 154, Note 5.There is no question that anyone who has obtained possession under a precarious tenure does not actually acquire it. But is there any doubt that he who has requested to grant it, will continue to retain possession? Where possession under a precarious tenure has been granted to a slave, it is established that it is held by both parties; by him who made the request, because he holds possession in fact, arid by the owner of the property, because he did not have the intention of relinquishing it. 5It makes no difference, so far as this interdict is concerned, in what place anyone holds possession, or began to hold it under a precarious tenure.

Pomponius, On Sabinus, Book XXIX. An heir is liable in full where fraud has been committed by the deceased in contracts of deposit, loan for use, mandate, guardianship, and voluntary agency.

Pomponius, On Sabinus, Book XXIX. Just as an heir should not be liable to a penalty incurred by the deceased for a crime, so also he should not profit by anything which may come into his hands on account of the crime.