e action which
is given is on the case, and lies at suit of the injured person's heir,
though not against the heir of the shipowner, inn or stable keeper.

TITLE VI. OF ACTIONS

The subject of actions still remains for discussion. An action is
nothing else than the right of suing before a judge for what is due to
one.

1 The leading division of all actions whatsoever, whether tried before
a judge or a referee, is into two kinds, real and personal; that is to
say, the defendant is either under a contractual or delictal obligation
to the plaintiff, in which case the action is personal, and the
plaintiff's contention is that the defendant ought to convey something
to, or do something for him, or of a similar nature; or else, though
there is no legal obligation between the parties, the plaintiff asserts
a ground of action against some one else relating to some thing, in
which case the action is real. Thus, a man may be in possession of some
corporeal thing, in which Titius claims a right of property, and which
the possessor affirms belongs to him; here, if Titius sues for its
recovery, the action is real.

2 It is real also if a man asserts that he has a right of usufruct over
a landed estate or a house, or a right of going or driving cattle over
his neighbour's land, or of drawing water from the same; and so too are
the actions relating to urban servitudes, as, for instance, where a man
asserts a right to raise his house, to have an uninterrupted prospect,
to project some building over his neighbour's land, or to rest the beams
of his own house on his neighbour's wall. Conversely, there are actions
relating to usufructs, and to rustic and urban servitudes, of a contrary
import, which lie at the suit of plaintiffs who deny their opponent's
right of usufruct, of going or driving cattle, of drawing water, of
raising their house, or having an uninterrupted view, of projecting some
building over the plaintiff's land, or of resting the beams of their
house in the plaintiff's wall. These actions too are real, but negative,
and never occur in disputes as to corporeal things, in which the
plaintiff is always the party out of possession; and there is no
action by which the possessor can (as plaintiff) deny that the thing in
question belongs to his adversary, except in one case only, as to which
all requisite information can be gathered from the fuller books of the
Digest.

3 The actions which have hitherto been mentioned