We hereby decree that a partition made between brothers, even though it be not evidenced by an agreement in writing, shall remain in force, provided it can be proved by competent testimony; and, when this has been done, said partition shall have full validity in law.
III. Where a Partition is Made Among Many Persons by the Majority, and those Entitled to the Larger Share, it shall not be Changed by any Act of the Minority.
Where several heirs are interested in a partition of property, whatever is determined upon, as equitable, by a majority of the same, shall prevail, and shall not be interfered with thereafter by the minority.
FLAVIUS CHINTASVINTUS, KING.
IV. One Heir shall have the Right to Act for all the Others, either as Plaintiff or Defendant.
It was established by a former law that, where a cause is heard in court, one person shall not have the right to answer for another, unless the latter, who is equally interested, should be present, and should consent; and, for this reason, we consider it superfluous to make further provision in such matters, in cases where litigation arises, and each person must plead his own cause. However, lest through the artifice of an adversary, where a party interposes delay on behalf of one joined with him in the case, the term of thirty years may run against the complainant; after due deliberation, we hereby decree, that no excuse for delay shall be allowed in behalf of any party; and that any party to a suit may appear for all others joined with him, in the same manner as if he alone were interested. If, however, an heir should lose the suit either through corruption, or by his own negligence, the rights of none of his co-heirs shall be prejudiced thereby; and should any of them desire to reopen the case, they shall be permitted to do so. The law hereinbefore mentioned, which relates to this subject, is hereby abrogated; and we enjoin the observance of the present one upon all the people of our realm. And we hereby decree, that the same rule shall be observed where one of several parties interested in the prosecution of a claim thinks that a suit ought to be brought to collect it.
V. Where Anyone Violates a Contract Establishing a Partition, and Seizes a Portion of the Property.
Whoever violates the provisions of a partition made between heirs, and seizes any property belonging to a co-heir, shall forfeit as much of his own share as he attempted to take from the other.
VI. Where an Heir Plants a Vineyard, or Erects a House, on Land Belonging to his Co-Heirs.
Where anyone plants a vineyard, or builds a house, upon the land of any of his co-heirs, whether the owner of the same is ignorant of the fact, or consents to it, (even if he who planted said vineyard, or built said house, was ignorant of what part of said land belonged to his co-heirs), when he shall establish this, either by his own oath, or by the testimony of witnesses, he shall give to the owner upon whose premises he planted the vineyard, an equal quantity of land of the same value, and shall remain secure in the possession of the vineyard which he planted. If, however, he should plant said vineyard against the consent of the owner, he shall forfeit all right to the same. The same rule shall apply to buildings of every description. We also decree that if anyone should sell, give away, or exchange, land belonging to another; as soon as it shall be discovered that he had no title to the same, and if he who received said land should have built a house upon it, or should have planted a vineyard, olive-grove, garden, or orchard therein; or should have added anything to the value of said land by his labor; and the party to whom said land belongs should delay to claim it; or should be ignorant that it had been so disposed of; or should be unwilling to assert his rights to the same, in order to thereafter reap the benefit of the additional value it has acquired from the labor of another; when the said owner shall establish his title to said land in court, he shall receive another similar tract, double in value, from the party who made the illegal sale or transfer, and he who improved said land shall under no circumstances lose the fruits of his toil.