28
I will put the facts of the case before you. When it became necessary to pay back the money to the orphan, and Menecles did not possess the requisite sum, and interest had accumulated against him over a long period, he was for selling the land. My opponent, seizing the opportunity and being desirous to pick a quarrel with him because he had adopted me, tried to prevent the land from being sold, in order that it might be held as a pledge, and that Menecles might be obliged to cede the possession of it to the orphan. My opponent, therefore, claimed a part of the property from Menecles, though he had never previously made any such claim, and tried to prevent the purchasers from completing the purchase.
29
Menecles was annoyed, as I can well imagine, and was obliged to reserve the portion which my opponent claimed; the rest he sold to Philippus of Pithos for seventy minae and thus paid off the orphan, giving him one talent and seven minae out of the price of the property; and he brought an action against his brother for restraining the sale. After long discussion had taken place and much bad feeling been aroused, we thought it best, in order that no one might say that I was avaricious and that I was setting these men, who were brothers, against one another, to submit the matter to the arbitration of my opponent's brother-in-law and our friends.
30
The latter told us that, if we were to entrust them to decide the rights of the case, they would refuse to act as arbitrators, for they did not wish to quarrel with either party; if, however, we would allow them to decide what was in the interest of all, they consented to act. So we, in order, as we thought, to get rid of the matter, entrusted the decision to them on these terms.
