4.1.187 to 4.1.191

(131a) Likewise, where for example, we bring an action on purchase, in order that land may be conveyed to us by sale, we must state the prescription as follows: "Let the proceedings only have reference to the sale of the land"; and, afterwards, if we desire vacant posses- [1] These terms and the order of their employment are strongly suggestive of the ancient forms of Common Law pleading, the Reply, Rejoinder, Surrejoinder, Rebutter and Surrebutter. Under both the Roman and English systems, the pleadings could be indefinitely multiplied, until joinder of issue was attained, but it was not customary to extend them beyond the Triplicatio ,or Surrejoinder. —ed. [2] Præscriptio . This was equivalent to an exception, or a demurrer, which took the place of the Demonstratio ,and was inserted in the beginning of the Formula. It was subsequently known as the Actio Præscriptis Verbis ,and operated as a limitation of the right of action. To have legal effect, it was essential that it should be specially pleaded. —ed. sion be delivered to us, we will be entitled to an action under the stipulation, or to one under the contract of purchase to compel its delivery. If we neglect to make use of this prescription, the obligation of our entire right embraced in the uncertain claim: "Whatever on this account Numerius Negidius. should give to, or do for Aulus Agerius," is disposed of by the statement of the claim in the former suit; so that afterwards we will not be entitled to any action to any action to compel the delivery of vacant possession, if we should desire to bring one. (132) Prescriptions are so called for the reason that they precede the formulas, which fact is perfectly obvious.