9. Jurisdiction ex persona alterius. A per son might be entitled to be sued in a particular court on grounds depending upon the person of another. Such were-1. The wife, who, if the marriage had been legally contracted, acquired the forum of her husband, 1. 65, D. 5, 1; 1. ult. D. 50, 1 ; 1. 19, D. 2, 1, and re tained it until her second marriage, 1. 22, 1, D. 50, 1, or change of domicile. 93, Voet. Com. ad Pand. D. 5, 1. 2. Servants, who pos sessed the jurisdiction of their master as regarded the forum domicilii, and also the forum privilegiatum, so far at least as the privilege was that of the class to which such master belonged and was not purely personal. Gluck, Pand. 510 b. 3. The hceres, who in many cases retained the jurisdiction of his testator. When sued in the character of heir in respect to causes of action upon which suit had been commenced before the testator's death, he must submit to the forum which had acquired cognizance of the suit. Ll. 30, 34, D. 5, 1. When the cause of action ac crued, but the action was not commenced, in the lifetime of the testator, the heir must submit to special jurisdictions to which the testator would have been subjected, as the forum contractus or gestce administrations, especially if personally present or possessing property within such jurisdiction. L. 19, D.
5, 1. But it is even now disputed whether in such case he was bound to submit to the general jurisdiction, forum domicilii, or the privileged j urisdiction,.forumprivilegiatum, of his testator; though the weight of the authori ties is on the side of the negative. Gliick, Pand. 560 b. if the cause of action arose after the death of the testator, as in the case of the querela inofficiosi testamenti, of parti tion, of suits to recover a legacy or to enforce a testamentary trust, the heir must be pur sued in his own jurisdiction, i.e. the forum domicilii or forum rei sitce. 6 Gliick, Pand. 252, and authorities there cited. And, a for tiori, if the action against the heir was not in that character, but merely in the capacity of possessor of the thing in dispute, the suit must be brought before the forum to which he was himself subject. Id. p. 251.