Interdictorum libri
Ex libro V
Dig. 41,2,53Idem libro quinto interdictorum. Adversus extraneos vitiosa possessio prodesse solet.
The Same, Interdicts, Book V. Possession which is defective is usually only advantageous as against strangers.
Dig. 44,3,15Venuleius libro quinto interdictorum. In usucapione ita servatur, ut, etiamsi minimo momento novissimi diei possessa sit res, nihilo minus repleatur usucapio, nec totus dies exigitur ad explendum constitutum tempus. 1Accessio possessionis fit non solum temporis, quod apud eum fuit, unde is emit, sed et qui ei vendidit, unde tu emisti. sed si medius aliquis ex auctoribus non possederit, praecedentium auctorum possessio non proderit, quia coniuncta non est, sicut nec ei, qui non possidet, auctoris possessio accedere potest. 2Item adiciendum est, unde emisti, aut unde is emit, cui tu emendum mandaveras, et quod apud eum, qui vendendum mandavit. quod si is quoque, cui mandatum erat, alii vendendum mandaverit, non aliter huius, qui postea mandaverat, dandam accessionem Labeo ait, quam si id ipsum dominus ei permiserit. 3Sed et si a filio vel servo rem emero, accessio temporis et quo apud patrem aut dominum fuit ita danda est mihi, si aut voluntate patris dominive aut cum administrationem peculii haberet vendidit. 4Item danda est accessio cum eo, quod apud pupillum fuit, a cuius tutore, cum is tutelam eius administraret, emisti. idemque in eo, qui a curatore pupilli furiosive emerit, servandum est: et si ventris nomine aut eius, quae rei servandae causa in possessione esset dotis suae nomine, deminutio facta sit: nam id quoque temporis accedit. 5Hae autem accessiones non tam late accipiendae sunt quam verba earum patent, ut etiam, si post venditionem traditionemque rei traditae apud venditorem res fuerit, proficiat id tempus emptori, sed illud solum quod ante fuit, licet venditionis tempore eam rem venditor non habuerat. 6Ei, cui heres rem hereditariam vendidit, et heredis tempus et defuncti debet accedere.
Venuleius, Interdicts, Book V. In the case of usucaption, the rule is observed that if the property is in possession only for a moment during the last day, the usucaption is, nevertheless, completed; for the entire day is not required for the completion of the prescribed time. 1The addition of time of possession not only includes that during which the property remained in the hands of the vendor but also the time that the purchaser held it, where the latter also disposed of it. If, however, one of the vendors was not a bona fide possessor, the possession of those who preceded him will be of no advantage, because the possession is not continuous, just as the possession of a vendor cannot be added to that of someone who is not in possession. 2It must also be added that, if you purchased the property yourself, or ordered someone else to do so, and he also directed it to be sold to a third party, continuity of possession is necessary. If, however, he who is directed to sell the property, should direct another to sell it, Labeo says that the addition of possession of him who gave the second mandate should not be allowed, unless the owner consents for this to be done. 3But if I purchase property from a son under paternal control, or from a slave, the addition of the time during which it was in possession of the father, or the master, should be granted me, if the property was sold either with the consent of the father or the master, or as part of the peculium of the slave who was entrusted with its administration. 4The time of possession by a ward is also added to that of a person who purchased the property from his guardian. The same rule should be observed in the case of anyone who buys property from the curator of a minor or an insane person. If the sale has been made in behalf of an unborn child, or because possession of the property has been obtained for the purpose of its preservation, or it is diminished on account of a dowry, this addition of the time of possession will also be permitted. 5These rules relating to additions of the time of possession are not understood to be as comprehensive as their language indicates; for, even if the property remains in the hands of the vendor after its sale and delivery, the purchaser will only be entitled to the benefit of the time which preceded the sale, even though the vendor did not have the property in his possession when it was sold. 6Where an heir sells to anyone property belonging to the estate, the latter will be entitled to the benefit of the time it remained in the hands of the heir, as well as to that during which it was in the possession of the deceased.