POSTILLA

Only upon completion of this chapter did I receive a copy of the newly pub­lished volume of the Petra papyri, extremely rich in legal problems. One of the longest papyri written transversa charta preserved to this day, P.

Petra IV 39, dated 8 August 574 CE, records a settlement of claims after an arbitration between Theodoros and Stephanos. One of the issues between the litigants was the question of the ownership of a courtyard and a refuse-pit located between their houses. Unfortunately, the state of conservation of the deed does not allow a safe reconstruction of the facts, and both parties claimed that their fathers had bought the property a long time before the dispute. Surprisingly, Theodoros also claimed to have acquired the courtyard from Kassisaios and Gregoria, who, in turn seem to have mortgaged the property to Gregoria’s brother, Stephanos. The editor suggests that Stephanos’ family have secured the ownership of the contended yard through longi temporis praescriptio,^[519] but there seems to be no ground for such an interpretation. I suggest the argument may have arisen because of the original fiduciary sale of the courtyard by Gregoria and Kassisaios first to her brother and then to the neighbour Theodoros. This would only prove that the problem I have described in this chapter may have been much more common than the exam­ples I have collected might suggest. We have only not been lucky enough to know the exact context of all the late Antique deeds of sale.^[520]

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