(M299) The process admitted of a third person intervening. Thus, A had
pledged a plot of land to B for thirty-two shekels. Then he sold the
property to C. C, dying, left the property to D, who wished to take
possession from B, who continued to hold it in pledge. B goes to the
judges and complains against D. A, being yet alive, intervenes and
probably has to pay B. But the tablet being defective, we are not able to
follow the case further. Only we see the sort of right which each had.
(M300) Another case is where two parties dispute as to the possession of a
sum which is actually in the hands of a banker. The banker accordingly
undertakes to produce the sum and its interest in court, and to pay it
over to the successful party in the suit. The decision was written down
and the notary of the court gave a copy to the plaintiff, if not also to
the defendant, and kept one copy for the archives. The plaintiff thus
obtained a guarantee against the defendant. But how it was enforced we
have no evidence.
(M301) The kind of points in dispute and decided are, as before,
exceedingly varied. The decisions for the most part illustrate other
subjects rather than the processes in court; but a few examples may be of
interest: A made an advance of forty-four shekels to B, who pledged a
house for it. This state of affairs continued until both were dead. Their
sons inherited. A’s son demanded forty-four shekels of B’s son who refused
to pay. Both came before the judges. B’s son, pleaded that the money was
never loaned or else repaid long ago. The judges demanded evidence. Either
the contract or a receipt must be produced. The claimant was able to
present the contract, but no receipt was produced. So the judges assigned
the claimant a plot of land belonging to the defendant as satisfaction for
the proved debt. Here we have the tablet witnessed by the chief judge, the
judges, and the notary.(219) What is curious is that the claimant was not
content to keep the pledge. But it is probable that the debt was secured
on a house which the creditor did not take into his possession. It is also
surprising that the judges did not order the house to be handed over to
the claimant. That may have been avoided, because of the family rights
over the house. The debtor might thus have been rendered houseless, or
have lost “his father’s house.” The widow may still have been an inmate. A
great part of the document is taken up with the specification of the land
handed over to the claimant. Hence a complete translation is not given.
(M302) A common type of case was a vindication of right to some sort of
property. Thus(220) A had sold B a slave, but C came forward and said: “He
is my slave who fled from me,” and took an oath by Bêl and Nabû, that he
knew where that slave was living with A. The judges decide that C shall go
where the slave is, and when he has proved that he is with A, the slave
shall return to C.
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