The Same, On Plautius, Book XIV. An action for recovery cannot be brought against the party who has received that which is his own; even though payment was made by another person than the real debtor.

Ad Dig. 18,4,7ROHGE, Bd. 16 (1875), Nr. 43, S. 150: Verpflichtungen aus dem Verkaufe eines nicht existirenden Kaufobjekts. Eigener Wechsel an eigene Ordre. Einfluß des Irrthums.The Same, On Plautius, Book XIV. Where a party sells the right of succession to an estate, there must actually be an estate in order that a purchase may take place; for, in this instance, a purchase is not made by chance, as in hunting, and other cases of this kind; since, where there is no property, a contract for purchase cannot be made, and therefore the price can be recovered by an action.

Paulus, On Plautius, Book XIV. If a right to a succession exists, although it has not been agreed upon that the purchaser shall be entitled to all the rights which the vendor possessed, then the latter must guarantee that he is the heir. If this is inserted in the contract, the vendor will be released, if it should be ascertained that he has no right to the succession.

The Same, On Plautius, Book XIV. Since, as it is only just that a purchaser in good faith should not be injured by the fraud of another, so it is unjust that the vendor himself should profit by his own fraud.

The Same, On Plautius, Book XIV. If anyone, who is not the owner, should pledge the same property to two persons at different times, the first one is entitled to the preference; although where we receive a pledge from different parties who are not the owners, the position of the possessor of said property is the better one.

Paulus, On Plautius, Book XIV. Where anyone is substituted for an unborn child, or is appointed heir in case there are no children, and he wishes to have the woman watched, he should be heard.

The Same, On Plautius, Book XIV. Where any ambiguity of language exists, the validity of a transaction will depend upon the intention of the parties; for instance, if I should stipulate for Stichus, and there are several slaves of that name; or for a slave in general; or for something to be delivered at Carthage, and there are two cities so called; 1and in every instance where doubt arises, it must be considered that the contract was made in good faith to be carried out in the place where it was most convenient, unless it is clear that it has been drawn up contrary to law.

The Same, On Plautius, Book XIV. No one is forbidden to avail himself of several exceptions, even though they may be different in their character.

The Same, On Plautius, Book XIV. Arianus says that there is a great deal of difference between the question whether anyone is liable or has been released. When inquiry is made with reference to the existence of liability, we should be more inclined to deny that this is the case, if we have any occasion to do so. When, on the other hand, the question is with reference to being released, the tendency should be in favor of it.

The Same, On Plautius, Book XIV. If a man who is free, or a slave who belongs to another and is serving in good faith, stipulates with reference to the property of a third party, by the order of the person who has him in possession, Julianus says that the freeman will acquire for himself, but the slave will acquire for his master, because the right to order is only vested in his master. 1If two joint-stipulators have an usufruct in a slave, or he is serving them in good faith, and by the order of one of them he makes a stipulation with his debtor, he will acquire for the benefit of that master alone.

Ad Dig. 46,1,36ROHGE, Bd. 4 (1872), S. 325: Rechtsverhältniß mehrerer Bürgen dem Gläubiger gegenüber. Regreß eines Mitbürgen an den andern zur Hälfte, ungeachtet letzterer nur zur letzten Stelle hat haften wollen. Beneficium cedendarum actionum, divisionis, excussionis.The Same, On Plautius, Book XIV. Where a creditor, who has a principal debtor and sureties, receives the money due from one of the sureties, and transfers to him his rights of action, it may be said that they no longer exist, as he has received what he was entitled to, and all the others are released by the payment; but this is not the case, for he did not receive it by way of payment, but he, as it were, sold the claim on the debtor, and he still had the right of action, because he was obliged to assign these rights to the person who paid him.

Paulus, On Plautius, Book XIV. If anyone, during my absence, stipulates with my debtor for the purpose of making a novation, and I afterwards ratify his act, I renew the obligation.

The Same, On Plautius, Book XIV. When, by my order, you pay what you owe me to my creditor, you are released so far as I am concerned, and I am freed from liability to my creditor.

The Same, On Plautius, Book XIV. In all prætorian stipulations in which something is to be previously done, and if it is not done, we impose a penalty, the stipulation takes effect on account of the penalty.

The Same, On Plautius, Book XIV. The words, “will not again be demanded,” Labeo understands to mean, demanded in court. If, however, the debtor is summoned to court, and security is furnished that he will appear, and suit has not yet been begun, I do not think that the stipulation relating to the further demand of the money will take effect, for the claimant does not actually demand it, but merely intends to do so. But where the money was paid without a judgment, the stipulation becomes operative; for if anyone makes use of a set-off, or a deduction against the claimant, it is properly said that he can be held to have made a demand, and that the stipulation that the money will not be demanded a second time becomes operative. For even if an heir, against whom judgment has been rendered, should not make the demand, if he does either of these things, he will be liable under the will.

The Same, On Plautius, Book XIV. The expression, “In addition,” has even reference to one to whom nothing is due; as, on the other hand, is the case where anyone is considered to have paid less than he owed, when he has not paid anything, even if nothing could be collected from him.

The Same, On Plautius, Book XIV. He who succeeds to the privileges or ownership of another should avail himself of his legal rights of his predecessor. 1No one should be accused of fraud who is ignorant of the reason why he should not bring an action.