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 p476  Evictio

Article by George Long, M.A., Fellow of Trinity College
on pp476‑477 of

William Smith, D.C.L., LL.D.:
A Dictionary of Greek and Roman Antiquities, John Murray, London, 1875.

EVI′CTIO. If the purchaser of a thing was deprived of it by a third person by legal process (evicted), the seller was bound to make good the loss (evictionem praestare). If the seller knew that he was selling what was not his own, this was a case of dolus, and he was bound in case of eviction to make good to the purchaser all loss and damage that he sustained. If there was no dolus on the part of the seller, he was simply bound to make good to the purchaser the value of the thing at the time of eviction. It was necessary for the purchaser to neglect no proper means of defence, when an attempt was made to evict him; and it was his duty to give the seller notice of the adverse  p477 claim (litem denunciare), and to pray his aid in defence of the action. The stipulatio duplae was usual among the Romans; and, in such case, if the purchaser was evicted from the whole thing, he might by virtue of his agreement demand from the seller double its value (Dig. 21 tit. 2, De evictionibus et duplae stipulatione; Mackeldey, Lehrbuch, &c. § 370, 12th ed.).

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