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Appendix

Book I, § 41 (p. 30). qui aut interdicto ... temere irruisses. In legal disputes as to possession the interdictum was a preliminary order of the praetor intended to secure for one of the litigants interim possession of the disputed property, so as to make him defendant in the subsequent real action and cast the burden of proof upon the other as plaintiff. Consertio manus was the stage in the real action at which the parties simulated the physical struggle of lawless times, by laying hands together upon the property and making claim and counterclaim to the ownership. In the case of land this formality took place out of court.

Book I, § 42 (pp. 30-32). Agerent enim tecum lege ... nonliceret. Legis actiones, of five types, were the remedies at the earliest stage of developed Roman legal procedure: they involved a rigid and elaborate ritual, in which the slightest slip was fatal to the blunderer’s case. Sacramentum was one of these types, involving a pecuniary deposit by each litigant. The winner of the action recovered his sacramentum, while the loser’s was forfeited to the State.

Book I, § 178 (p. 122). defendebamus ... praestare debere. By this time Roman Law had apparently evolved the rule that a vendor of immovable property warrants the purchaser against all such material defects in his title as he does not disclose. The English rule is the same.

Book I, § 180 (p. 124). antequam in suam tutelam υenisset. A boy emerged from guardianship at the age of fourteen. In this famous causa Curiana a testator had left his estate to his expected posthumous child, with a gift over to Curius in the event of such child dying under age. After all no child was born. Was the condition of death under age fulfilled by the default of birth? Crassus successfully maintained the affirmative, and Curius took under the will.

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