[363] The joinder of times to make out a title was soon allowed
between buyer and seller, and I have no doubt, from the language
always used by the Roman lawyers, that it was arrived at in the
way I have suggested. A passage from Scaevola (B. C. 30) will
furnish sufficient proof. Joinder of possessions, he says, that
is, the right to add the time of one's predecessor's holding to
one's own, clearly belongs to those who succeed to the place of
others, whether by contract or by will: for heirs and those who
are treated as holding the place of successors are allowed to add
their testator's possession to their own. Accordingly, if you
sell me a slave I shall have the benefit of your holding. /1/
The joinder of times is given to those who succeed to the place
of another. Ulpian cites a like phrase from a jurisconsult of the
time of the Antonines,--"to whose place I have succeeded by
inheritance, or purchase, or any other right." /2/ Succedere in
locum aliorum, like sustinere personam, is an expression of the
Roman lawyers for those continuations of one man's legal position
by another of which the type was the succession of heir to
ancestor. Suecedere alone is used in the sense of inherit, /3/
and successio in that of "inheritance." /4/ The succession par
excellence was the inheritance; and it is believed that scarcely
any instance will be found in the Roman sources where
"succession" does not convey that analogy, and indicate the
partial [364] assumption, at least, of a persona formerly
sustained by another. It clearly does so in the passage before
us.
But the succession which admits a joinder of times is not
hereditary succession alone. In the passage which has been cited
Scaevola says that it may be by contract or purchase, as well as
by inheritance or will. It may be singular, as well as universal.
The jurists often mention antithetically universal successions
and those confined to a single specific thing. Ulpian says that a
man succeeds to another's place, whether his succession be
universal or to the single object. /1/
If further evidence were wanting for the present argument, it
would be found in another expression of Ulpian's. He speaks of
the benefit of joinder as derived from the persona of the
grantor. "He to whom a thing is granted shall have the benefit of
joinder from the persona of his grantor." /2/ A benefit cannot be
derived from a persona except by sustaining it.
It farther appears pretty plainly from Justinian's Institutes and
the Digest, that the benefit was not extended to purchasers in
all cases until a pretty late period. /3/
Public-domain text, read in full here on John Shaqi.
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