Scævola, Digest, Book IV. A testatrix owned some houses adjoining a tract of land which she bequeathed; the question arose, whether, if these were not included with the land and the legatee should bring suit to recover it, the said land would be subject to any servitude for the benefit of the houses; or if the legatee claimed that the land should be conveyed to him in compliance with the terms of a trust, whether the heirs ought to reserve a servitude in favor of the houses? The answer was that they should do so. 1Several citizens of a town, who owned different estates, purchased a tract of woodland, to be held in common for the enjoyment of the right of pasturage, and this arrangement was carried out by their successors; but some of those who had this right subsequently sold the separate estate above mentioned. I ask whether, after the sale, the right follows the said estates, since it was the intention of the vendors to also dispose of this right? The answer was that what had been understood between the contracting parties must be observed; but if their intention was not evident, that this right would also pass to the purchasers. I also ask, if when a portion of the said individual estates has been conveyed by the legatees to anyone else, whether it would carry with it any part of the right of pasturage? The answer was, that as this, right must be considered to be attached to the estate which was bequeathed, it would also go to the legatee.

Scævola, Digest, Book IV. Where the Imperial Procurator was conducting an examination with reference to a debt due to the Treasury, one of the sons of the deceased who had not obtained possession of the property of the estate and was not an heir, answered that he was the heir; can he be held liable by the other creditors as having answered the interrogatory? The reply was that a party cannot be sued on account of his answer by those who have not interrogated him in court.

The Same, Digest, Book IV. A certain tract of land which belonged to Lucius Titius was sold on account of a public tax. Lucius Titius, having acknowledged that he was the debtor, said that he was ready to pay the whole of the tax; and, as the sale of the property was not sufficient to pay the entire amount, the Governor of the province rescinded the sale, and ordered the land to be restored to Lucius Titius. The question arose whether, after the decision of the Governor and before the land was restored, it was included in the property of Lucius Titius? The answer was that this was not the case before the price had been refunded to the purchaser, or if the price had not yet been paid by him before the claim for taxes was satisfied.

Scævola, Digest, Book IV. A guardian sold property and animals belonging to his ward, but retained and kept in his possession some of the animals, for the reason that the purchasers did not pay for them; and he entered the price as paid in the accounts of the guardian. Other animals were produced by these, and the guardian having died, his heir administered the same guardianship, and kept the animals in his possession for several years. The question arose whether the minor, whose guardianship was the subject of administration, could legally claim the said animals after he was fourteen years old? The answer was that, according to the facts stated, the ward could not claim them.