Ad Dig. 10,2,37Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. III, § 608, Note 32.Scævola, Questions, Book XII. A party who brings an action for the partition of an estate does not admit that his adversary is his co-heir.

Ad Dig. 39,2,45Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 198, Note 16.Scævola, Questions, Book XII. You built a house, and I bring an action against you on the ground that you have no title to the same. You do not set up any defence. Possession should be granted me, but not in order that the house may be immediately demolished, for it would be unjust for this to take place at once, but it should be done within a certain time, unless you prove that you had the right to build it.

Scævola, Questions, Book XII. Where anyone stipulates as follows, “Will you pay ten aurei if a ship arrives, and Titius becomes Consul?” the money will not be due unless both of these events take place. The same rule applies to the opposite case, “Do you promise if a ship does not arrive, and Titius does not become Consul,” for it is essential that neither of these things should occur. The following written agreement resembles this, namely, “If a vessel does not arrive, and Titius is not made Consul.” When, however, the stipulation is in the following terms, “Will you pay if a ship arrives, or Titius becomes Consul?” it is sufficient for one of these events to take place. On the other hand, if it is expressed as follows, “Will you pay if a ship does not arrive, or Titius does not become Consul?” it will be sufficient if only one of these things does not occur.