The Same, Digest, Book LX. When an estate has been recovered by suit, the bona fide possessor will be compelled to surrender whatever he has collected under the Lex Aquilia, not only to the extent of the simple value, but to double the amount; for he should not make a profit out of what he collected on account of the estate.

The Same, Digest, Book LX. When a son under paternal control desires to make a donation of money, he promises it by the order of his father, and the donation will be just as valid as if he had furnished a surety. 1If, however, the father, being about to donate the money to Titius, should order his son to promise it to him, it may be said that there is a difference if the son is indebted to his father, and if he is not. For where he owes his father a sum equal to what he promises, the donation is considered valid, just as if the father had ordered any other debtor to promise the money. 2If, however, I am about to donate money to Titius, and I order you who intend to give me an equal sum, to promise it to Titius, the donation is complete, as far as all the persons are concerned. 3A different rule of law will apply if, by your order, I promise to pay to someone, to whom you wish to make a donation, the money which I think that I owe you, for I can protect myself by an exception on the ground of fraud; and, moreover, I can compel the stipulator, by means of the proceeding called incerti, to give me a release from the obligation. 4In like manner, if I, by your order, promise to pay a certain sum of money, which I think that I owe you, to a third party whom you believe to be your creditor, I can bar the person making the demand by an exception on the ground of fraud; and, in addition to this, by availing myself of the proceeding called incerti against the stipulator, I can compel him to release me from the stipulation. 5If Titius should pay me a sum of money without any stipulation, but on the condition that it will only belong to me when Seius becomes Consul, the money will become mine when Seius obtains the consulship, even though the person who made the donation should be insane or dead at that time. 6If anyone, desiring to make a donation of money to me, gives it to someone else to bring to me, and he should die before he does so, it is settled that the ownership of the money does not pass to me. 7I gave Titius the sum of ten aurei on the condition that he would purchase Stichus with it. I ask, if the slave should die before he was purchased, whether I can recover the ten aurei by any action. The answer was that this is rather a question of fact than of law, for if I gave the ten aurei to Titius in order that he might purchase Stichus, and I would not have given them to him otherwise, and Stichus should die, I can recover the amount by an action. If, however, I had the intention of giving the ten aurei to Titius, in any event, and, in the meantime, he proposed to purchase Stichus, and I stated that I gave him the money in order that he might purchase him, what I have said should be considered rather a reason for the donation than the condition upon which the money was paid, and if Stichus should die, the money will remain in the hands of Titius.

The Same, Digest, Book LX. We obtain a donation mortis causa not only when anyone gives it to us on account of his death, but also where he makes the donation dependent on the death of another, as, for instance, if anyone should give to Mævius a donation in case of the death of his son, or his brother, under the condition that if either of them should recover from his illness, the property shall be restored to him, but if either of them should die, it will belong to Mævius. 1If you should make a donation mortis causa to me, by directing your debtor to pay my creditor, I shall, in any event, be held to be entitled to as much money as will release me from liability to my creditor. If, however, I should make a stipulation with your debtor, I will be considered to be entitled to only as much as the debtor is able to pay. For even if you, being the creditor, should recover your health, and the donor should do the same, you can only bring an action for recovery, or one in factum for an amount equal to the obligation of the debtor. 2Titia, desiring to donate to her debtors Septitius and Mævius their promissory notes, gave them to Ageria, and asked her to give them to the said debtors, if she, Titia, should die, but if she should be restored to health, to return them to her. She, having died, Mavia, the daughter of Titia, became her heir; but Ageria gave the notes to the above-mentioned Septitius and Mævius, as she had been requested to do. The question arises if Mævia, the heir, brought an action to recover the sum due on the above-mentioned notes, or one to recover the notes themselves, whether she could be barred by an exception. The answer was that Mævia could be barred by an exception based on the execution of the contract, or by one on the ground of fraud. 3Where anyone has received a slave by way of satisfaction for damages caused by him, or for some other liability, as a donation mortis causa, he is understood to have only acquired as much as the slave can be sold for. The same rule should be observed with reference to a tract of land which is encumbered, in order to ascertain the value of what is donated.

The Same, Digest, Book LX. Marcellus says that he ceases to be a debtor who obtains a legal exception, and one which is not contrary to natural equity.