The Same, Questions, Book XXXII. When a stranger promises a dowry in behalf of a woman, the latter must assume the risk. If, however, the husband takes charge of the claim, and collects the interest, it is held that the risk will be his.

The Same, Questions, Book XIII. Those who accept claims which have been approved by former curators or guardians, assume liability for their payment. 1Where a ward receives the account of his guardian after he arrives at puberty, and, having sued him for a balance, accepts interest, he does not lose his right to any property of his guardian which may have been sold, for the Prætor should preserve this right for him.

Paulus, Questions, Book XIII. Where a defender of a guardian loses the case, he does not deprive the ward of his privilege, because the latter did not voluntarily contract with him.

Paulus, Questions, Book XIII. If the creditors of an estate obtain a separation of property and the estate is found to be insolvent, but the heir is solvent, they cannot have recourse to the latter, but must adhere to the separation which they have already demanded. If, however, the heir should acquire property after the separation has been obtained, and any of it is derived from the estate, they who obtained the separation must, along with the personal creditors of the heir, be admitted to share in what had been acquired. But where their claims have been satisfied, any residue shall be paid to the creditors of the heir; but if the latter acquires any property from some other source, the creditors of the estate will not be permitted to take it. If, however, the personal creditors of the heir are paid in full, some authorities think that anything which remains should be turned over to the creditors of the estate; but I do not accept this opinion, for when they demanded a separation of property they no longer looked to the heir personally for payment, but had recourse to the estate, and, as it were, sold the property of the estate, which was not capable of augmentation. I thinks that the same rule should be held to apply, even if the creditors were deceived with reference to the separation of the property, and obtained less than the personal creditors of the heir. The latter, however, have, as their security, his property and his person, which they can obtain during his lifetime.

Ad Dig. 50,17,87ROHGE, Bd. 11 (1874), Nr. 27, S. 69: Natur der Judicatsklage.The Same, Questions, Book XIII. No one, by attempting to recover his property, makes his case worse, but he improves it. Finally, after issue has been joined, the right passes to the heir, and the heir is also liable under all circumstances.