The Same, Digest, Book LI. An action for partition among joint-owners or heirs, or one for the establishment of boundaries is of such a nature that each individual party has the double right of both plaintiff and defendant in the action.

The Same, Digest, Book XV. Where I pay a woman what I owe you, and I stipulate with her that you will ratify her act, and you do not do so; I can institute proceedings based on the stipulation, and the exception founded on the Decree of the Senate which was enacted with reference to the obligations of women, will not be of any advantage to her; for she cannot be considered as refusing to assume the obligation of another, when I remain bound for the debt, and she herself profits by the transaction; and she may rather be held to have returned what was not due, than to have paid it out in behalf of another.

No translation given.

Julianus, Digest, Book LI. Or if I have lost my case, you will not be entitled to the exception against me.

Julianus, Digest, Book LI. For it would be extremely unjust that an exception on the ground of res judicata should benefit the party against whom the judgment was rendered.

The Same, Digest, Book LI. If anyone who is not an heir should bring an action for the estate and, after having become an heir, should again sue for the same estate, he will not be barred by an exception on the ground of res judicata. 1Ad Dig. 44,2,25,1ROHGE, Bd. 10 (1874), S. 349: Actio quanti minoris auf Restitution des ganzen Kaufpreises im Falle der völligen Entwerthung der Waare durch den Fehler.It is in the power of a purchaser to bring an action to compel the property to be returned within six months, where the condition was that if a slave was worth less than he was sold for, the excess paid should be refunded; for this latter action also includes the clause for the return of the money, when the slave had such a defect that, on account of it, the purchaser would not have bought him if he had been aware of it. Wherefore, it is very properly said that if the purchaser who has made use of either one of these actions should afterwards employ the other, he can be barred by an exception on the ground of res judicata. 2If you interfere in my business, and bring an action for a tract of land in my name, and I afterwards do not ratify the claim which you have made but direct you to again bring an action to recover the same land, an exception on the ground of res judicata will not act as a bar when conditions have changed since the mandate was given. The same rule will apply where a personal action, and not a real one, is brought.

The Same, Digest, Book LI. If you have stipulated with me without any consideration, and I have given a surety, and am unwilling for him to make use of an exception, but prefer that he shall pay, in order that he may bring an action on mandate against me, the exception should be granted him, even against my consent; for he has more interest in keeping his money than in recovering it from the principal debtor, after having paid the stipulator. 1If one of two sureties who have become liable to you for twenty aurei should either pay you, or promise to pay you five aurei, to prevent you from suing him, the other will not be released; and if you proceed to collect fifteen aurei from him, you will not be barred by an exception. If you attempt to collect the remaining five aurei from the former surety, you can be barred by an exception on the ground of fraud.