Marcus Fulcinius, of Tarquinii, who had lived as a banker at Rome, had died, leaving his property to his wife Caesennia and his son, the son also died, and divided his property between his wife and his mother. The property was sold, and Caesennia employed Sextus Aebutius, her agent, to buy one of the farms for her. She afterwards married Caecina, and died, bequeathing her property to him. When Caesennia was dead, Aebutius pretended that he had bought the farm in question for himself. Caecina endeavours to enter on the land, but is driven off by Aebutius at the head of a band of armed slaves. He applies to the praetor, and obtains an interdict; An interdict was a sort of provisional decree obtained from the praetor, chiefly in cases where the dispute is about possession, or quasi possession. The terms which he uses are called decretum when he orders any thing to be done, and interdictum when he forbids anything to be done. The mode of proceeding was, for the party aggrieved to state his case to the praetor, which was the foundation of his demand of an interdict. If the defendant admitted the plaintiff's case before the interdict was granted, or submitted to it after it was granted, the dispute was at an end. If he was dissatisfied with the interdict, he also might in his turn apply to the praetor. Whenever the praetor's original interdict did not terminate the case, he directed a further inquiry before a judex or recuperators. There were also one or two other causes for, and descriptions of, interdict. Vide Smith, Dict. Ant. p. 521, v. Interdictum. Aebutius defends himself on many pleas, and especially on the ground that Caecina being a municeps of Volaterra, a town which had been disfranchised by Sulla, could not become the heir of Caesennia. This trial took place A. U. C. 689.
