Papinianus, Questions, Book III. The Emperor Titius Antoninus stated in a Rescript that the status of children could not be prejudiced on account of the tenor of an improperly drawn instrument.

Papinianus, Questions, Book III. Where a brother, who transacts the business of his sister without her knowledge, stipulates for her dowry with her husband; an action can legally be brought against him on the ground of business transacted to compel him to release her husband.

Papinianus, Questions, Book III. Where a son, who has been emancipated, fails to appear to demand possession of an estate, but petitions for restitution, and having reached the age of twenty-five years brings suit for a legacy under his father’s will; he is held to have abandoned the case, for if the time for obtaining possession of the property has not elapsed, still, having chosen to accept the will of the deceased, he must be considered to have rejected the benefit of the intervention of the Prætor.

Papinianus, Questions, Book III. Moreover, if a purchaser, before obtaining a title to property by prescription, is captured by the enemy, it is settled that the possession, which was interrupted, is not restored by the right of postliminium; because prescription is not operative without possession, for possession is generally a question of fact, and this does not come under the rule of postliminium.

Papinianus, Questions, Book III. Where an insane person is appointed judge, the trial will not be prevented because he cannot preside at that time; so that, when he renders a decision after having recovered the use of his faculties, it may stand. In the appointment of a judge neither his presence nor his knowledge is necessary. 1Where a party comes to Rome on a mission, he can become a surety in any case; since he cannot make use of his privilege when he enters into a contract in Italy.

Papinianus, Questions, Book III. Where a bona fide possessor wishes to institute proceedings against debtors of an estate, or parties who hold property belonging to the same, he should, by all means, be heard, if there is danger of any rights of action being lost by delay. The plaintiff, however, can bring an action in rem for the recovery of the estate without fear of being met by an exception. But what, for example, if the possessor of the estate is negligent, or knows that he has no legal right?

Papinianus, Questions, Book III. Ad Dig. 16,2,16 pr.Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 350, Note 17.Where a soldier has two heirs, one of whom inherits his peculium castrense, and the other the remainder of his property, a party who is indebted to one of the heirs, who wishes to set off what is due to him from the other, shall not be heard. 1Where a party against whom judgment has been rendered in favor of Titius, brings an action against the same Titius within the time granted for the execution of the judgment, who, himself, had previously had judgment rendered against him in favor of the other party, set-off will be admitted; for it is one thing for the day of the obligation not to arrive, and another to grant time for payment through motives of humanity.

Papinianus, Questions, Book III. Whenever a question is raised with reference to the family or race of any person, he must prove whether he belongs to it or not.

The Same, Questions, Book III. Guardianship is divided among guardians. Equity which has introduced the mere right of compensation does not cease to be applicable on account of the office and personality of the guardian who brings an action; for the division of the guardianship is not a matter of law, but one of jurisdiction, and establishes the measure of administration, but it applies only to guardians themselves, and should not be an obstacle to parties who desire to institute proceedings against a ward.

Papinianus, Questions, Book III. If a son who has been appointed the heir of his father, and afterwards becomes the heir of his brother through substitution, rejects the estate of his father, but prefers to retain that of his brother, he should be heard. For I think it is more equitable that the Prætor should permit the separation of the estates of the brother and the father; for he has the right to decide that children shall be freed from the burdens of an estate which they have not voluntarily assumed, but no right excludes them from an estate against their will; and especially when, leaving the substitution out of consideration, the substituted brother would be entitled to the estate. Hence, only the legacies should be paid in accordance with the substitution, and the rule of division established by the Falcidian Law should be followed, not with reference to the estate of the father, as is customary, but with respect to that of the child who had not yet arrived at puberty.

Papinianus, Questions, Book III. Where an estate is to be transferred under the Trebellian Decree of the Senate, and the matter is urgent, and it is feared that the time for bringing an action may expire on account of the absence of the beneficiary of the trust, the heir can be compelled to defend the action brought against the estate. 1In like manner, where a son is deliberating as to whether he will demand possession of the estate in opposition to the terms of the will, the appointed heir can be sued by the creditors of the estate.

Papinianus, Questions, Book III. The Prætor sometimes does not exclude one who is irresolute, or reject him after he has changed his mind. Therefore, certain authorities have held that an emancipated son who refused to give security with reference to placing his property in the mass of the estate ought afterwards to be heard, if, after having furnished security, he should desire to take advantage of the benefit of the prætorian possession of the estate; although it might be said that he seemed to have rejected possession who was unwilling to observe the formalities by which it could be acquired. The former opinion, however, is the more equitable one, especially where a dispute arises among brothers with reference to their father’s estate; and I think that the emancipated son should be permitted to obtain possession, if, in the time prescribed for doing so, he offers to give security; for it will be more difficult to excuse voluntary delay in giving security after the lapse of a year, within which time prætorian possession of an estate can be granted.

Papinianus, Questions, Book III. Where notice to discontinue the construction of a new building is served upon one of several joint-owners, if the work is done by the consent of all of them, the notice will bind them all. If, however, some of them are not aware of the construction of the new building, he who has acted in violation of the Prætorian Edict will be individually liable in full. 1Nor does it make any difference to whom the land upon which the work is in course of construction belongs, for he alone is considered who is in possession of the property, provided the work is done in his name.

Ad Dig. 41,3,42Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 172a, Note 3.Papinianus, Questions, Book III. If a husband should sell a dotal tract of land to someone who knew, or was not aware that the property was a part of the dowry, the sale will not be valid. If the woman should afterwards die during the marriage, the transaction must be confirmed, if the entire dowry was given for the benefit of the husband. The same rule applies where he who sold stolen property subsequently becomes the heir of the owner of the same.

Papinianus, Questions, Book III. Where the justice of the defence affords means for the dismissal of an action, the defendant can be protected by an exception on the ground of fraud.

Papinianus, Questions, Book III. When a minor is guilty of adultery, he will be liable under the Julian Law, because a crime of this kind can be committed after puberty.

Papinianus, Questions, Book III. No one can change his mind to the injury of another.