Javolenus, On Cassius, Book IX. When the individual on whose account issue has been joined in a noxal action is decided to be free, during the course of the trial, the defendant should be discharged; and the interrogation will be of no benefit because it was made in court; since where anyone has a right of action against another on account of a third party, he cannot transfer the liability of said party to one who confesses in court that he is his slave; as, for instance, if he confesses that the slave of another is his own; still, as no action can be brought against another person on account of a man who is free, liability cannot be transferred by means of any interrogatory or confession. The result in this case is that no action can properly be brought with reference to a freeman against someone who has made a confession. 1In general, confessions are considered only where what is included in the confession can be accepted as in conformity with law and nature.

Javolenus, On Cassius, Book IX. A surety, although he may have paid the money by mistake before it is due, can not, nevertheless, bring suit against the creditor; nor can he, indeed, bring an action on mandate to which he may be entitled against the principal debtor, before the day of payment arrives.