Marcellus, Digest, Book VIII. Where a guardian who is in possession of the property of a person who has attained his majority refuses to surrender it to him; I ask whether judgment should be rendered against him for what the property is worth, or for the amount of the claim sworn to by the plaintiff? I answered that it is not just that the value, (that is what the property is worth), alone should be estimated, but that the contumacy displayed must be punished; and that the value of the property should rather be left to the judgment of the owner of the same by the power of making oath to the claim being granted to the plaintiff.

The Same, Digest, Book VIII. If I contract with anyone to perform some labor which I myself have agreed to do, it is settled that I will be entitled to an action on lease against him. 1Where a party refuses to restore to me a slave, or any other movable property which I have leased to him, judgment shall be rendered against him for the amount of damages sworn to by me in court.

Marcellus, Digest, Book VIII. Where I purchased something from you, and sold it to Titius, and you deliver it to Titius with my consent, it is settled that you will be liable to me in case of eviction, just as if I had received the property and had delivered it myself.

Marcellus, Digest, Book VIII. A guardian, who is summoned to court, gives security in the usual form. If, in the meantime, the boy arrives at puberty, he cannot be compelled to conduct the case. 1A guardian who has relinquished the administration of the affairs of his ward, after the latter has reached the age of puberty, is not liable for interest on money in his hands which he has already tendered. However, it seems more just to me that he should not be compelled to pay interest if he was not responsible for failure to surrender the guardianship, when it was demanded of him. (Ulpianus says that it is not sufficient for him to have tendered the money, unless he deposited it, sealed up, in some safe place.)

The Same, Digest, Book VIII. This is especially true in the case of the heir of a guardian, for it would be extremely unjust that anyone who has passed the age of twenty, or who is older, should take it into his head to claim what is due to him under the guardianship, and also to demand interest.

Marcellus, Digest, Book VIII. Julianus denies that theft of property belonging to an estate can be committed, unless the deceased gave it in pledge, or lent it;

Marcellus, Digest, Book VIII. For he held that, in these instances, theft of property belonging to an estate could be committed, and usucaption be interrupted; and therefore that an action for theft would lie in favor of the heir.

Marcellus, Digest, Book VIII. A number of slaves owned in common committed a theft with the knowledge of one of their masters. An action for theft can be brought on account of all of them against the owner who was aware of the crime, but against the other owner only to the extent authorized by the Edict. If the former owner should pay, he can recover his share from the other, but not the amount due for the entire body of slaves. Where a slave, owned in common, commits damage by order of one of his masters, and the other makes payment, he can recover from his partner on the ground of damage sustained by the property owned in common; provided he can bring suit against him under the Aquilian Law, or the Law of the Twelve Tables. Therefore, if I have only two slaves owned in common, an action can be brought against the master who was aware that the damage had been committed, and this will include both slaves, but he cannot recover more from his partner than if he had paid for one alone. If, however, he should desire to proceed against the master who did not know that any injury had been done, he can only collect double damages. Let us see whether an action should not be granted against his partner, on account of the other slave, just as if he had paid in the name of all of them. In this case the decision of the Prætor should be more severe, and no indulgence should be shown to the one who was aware of the act of the slaves.