[54]
The law commands the property in land to be determined by two years' possession. But we
adopt the same principle also in the case of houses, which are not mentioned at all in the
law. If a road is not properly made, the law allows a man to drive a beast of burden wherever
he likes. Can it be understood from this, that if a road in the Bruttii be out of repair, a
man may, if he pleases, drive his beast through the Tusculan farm of Marcus Scaurus? There is
a right of action against a vendor who is present, according to this formula, “Since
I behold you before the court.” . . . Now the blind Appius could never have availed
himself of this form of action, if men adhered to words with such strictness as not to
consider the matter for the sake of which the words are used. If a person's heir had been
stated in his will to be the minor Cornelius, and if Cornelius were twenty years old,
according to your interpretation he would lose his inheritance.
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