Paulus, On the Edict, Book LXII. Where there are several creditors who have a single right of action, they are held to occupy the position of only one person; as, for example, where there are several creditors by stipulation, or several bankers whose obligations were entered into at the same time, they shall be considered as one, because there is only one debt. Where several guardians of one ward, who is a creditor, enter into an agreement, they are regarded as one, for the reason that they did so in behalf of a single ward. Again, where a single guardian enters into an agreement in behalf of several wards who are claimants of one debt, it is established that they are to be considered as one person, since it is a difficult matter for one man to represent two persons; for, indeed, lie who has several causes of action against a party who has only one, is not permitted to represent several persons. 1We estimate the total amount of indebtedness when several sums are due; as, for example, where several sums, which together amount to a hundred aurei, are owing to one man; and a sum of fifty aurei is owing to another; for, in this instance, we must consider the amount which is made up of several sums, because when they are added together they are greater than the single one. 2We must also add to the principal the interest which is due.

Paulus, On the Edict, Book LXII. Where anyone has formed a partnership, and makes a purchase, it belongs to him individually, and not to the common fund, but he can be compelled by an action on partnership to make it common property.

Paulus, On the Edict, Book LXII. Where anything is bequeathed to a person to be paid annually, Sabinus says (and his opinion is correct), there are several legacies, and that the one for the first year is absolute, and the other conditional; for the condition, “If he should live,” seems to be implied, and therefore, if the legatee dies, the legacy will not pass to his heir.

Paulus, On the Edict, Book LXII. Where a legacy is bequeathed under a condition, and the heir who is charged with it dies while the condition is pending, he will leave his own heir charged with the legacy.

Ad Dig. 42,8,7ROHGE, Bd. 5 (1872), S. 45: Anfechtung einer in Form eines onerosen Geschäfts fraudandi animo geübten Liberalität. Der gutgläubige Empfänger haftet nur zum Belaufe seiner Bereicherung.Paulus, On the Edict, Book LXII. Where a debtor, with the intention of defrauding his creditors, sells a tract of land for less than its value to a purchaser who is aware of the fact, and then the creditors, to whom an action to set aside the sale was granted, claim the land, the question arises whether they should refund the price. Proculus thinks that the land must by all means be returned, even if the price is not refunded. The opinion of Proculus is confirmed by a rescript.

Ad Dig. 42,8,9ROHGE, Bd. 10 (1874), S. 248: Der particeps fraudis debitoris haftet den Gläubigern auf den vollen Ersatz des ihnen Entzogenen, ohne Rücksicht darauf, ob er es noch besitzt.ROHGE, Bd. 13 (1874), Nr. 122, S. 381: Besitz als Voraussetzung der actio Pauliana.Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 463, Note 15.Paulus, On the Edict, Book LXII. A certain man knowingly purchased an article from a debtor whose property had been taken in execution, and then sold it to a bona fide purchaser. The question arose whether an action could be brought against the second purchaser. The opinion of Sabinus, that a bona fide purchaser is not liable, is the better one; because fraud should only injure him who commits it, just as we hold that a purchaser will not be liable if, being ignorant of the facts, he bought the property from the debtor himself. But he who bought it fraudulently, and afterwards sold it to a bona fide purchaser, will be liable for the entire sum which he received for the property.

The Same, On the Edict, Book LXII. If a son under paternal control, having stipulated under a condition, should be emancipated, and afterwards the condition should be fulfilled, his father will be entitled to the action; because, in stipulations, the time when we make the contract is considered. 1When we stipulate for a tract of land, the crops which are in existence at the time of the stipulation are not included.

Paulus, On the Edict, Book LXII. Anyone who directs payment to be made is himself considered to pay.

Paulus, On the Edict, Book LXII. Everything which is permissible is not always honorable. 1In stipulations, the time when we contracted should be considered.

Paulus, On the Edict, Book LXII. Whatever anyone did while a slave cannot benefit him after he becomes free.