—and to whatever the buyer has already removed and sold from it; the value allotted to those items is deducted, and the partner has no entitlement to anything that has been disposed of.

Should those items be lost through a subsequent sale, yet the pre-emptor manages to recover them before they are sold on again, he may still take them from the house, and this is the general rule for every case of this sort.

To illustrate: A man buys the standing trees in an orchard whose fruit has not yet shown signs of ripeness. If, after the sale, a co-owner claims pre-emption and by that time the fruit has ripened, the pre-emptor has no right to the fruit. The purchase price is apportioned between the share of the tree-stock and the fruit that had not ripened; the amount that falls to the tree-stock is what the pre-emptor pays, after which he takes his pre-emption. He receives no share of the ripe fruit, and its value is deducted from what he owes. The same principle applies to all other perennial stock.

Conversely, if someone buys trees that were fruitless at the time of purchase, and they bear fruit before the pre-emptor acts, then the pre-emptor who asserts his right while the fruit is still on the branches acquires the fruit along with the trees. Together with the original price, however, he must reimburse the buyer for whatever costs the latter incurred in irrigating the orchard, provided the fruit has not yet reached maturity. If he delays until the fruit ripens, he gains no share of it.

Any produce the purchaser has already enjoyed—of whatever kind—before the pre-emptor comes forward remains his alone, and the pre-emptor is not entitled to any reduction of the price because of it.

If, within the garden or orchard of which a share was sold, there are animals, slaves, or equipment, and the pre-emptor wishes to take only his share of the real estate to the exclusion of those movables, he may do so only if the buyer consents; otherwise it is treated as a new, independent sale.

When a share subject to pre-emption has been bought on credit and the pre-emptor wants to pay the same price in cash, he is entitled to do so. Should he wish to take it on the same deferred term, he may be allowed if he is solvent and trustworthy; otherwise not, unless he produces a solvent, reliable guarantor.

The pre-emptor is granted a period of one, two, or three days—whether the sum involved is large or small—to bring the purchase price.