Pomponius, On Sabinus, Book XIV. No one can, against his will, be forced to defend another in a noxal action, but he must be deprived of him whom he refuses to defend, if he is his slave; but where the party who is in the power of another is free, he ought to be permitted to defend himself under all circumstances:

Pomponius, On Sabinus, Book XV. Where a husband has received money as a gift from his wife, and, knowing that it did not become his, paid it out for the purchase of some article, he acted fraudulently to avoid being in possession, and therefore is liable to an action for production.

Pomponius, On Sabinus, Book XIV. Relief is granted to the father by law where, having lost his daughter, he is entitled to the return of the dowry which came from him, and this is done by way of solace, in order that he may not suffer both the loss of his daughter and that of the money. 1Where a father gives, by way of dowry, land belonging to another but which he purchased in good faith, the dowry is understood to be profectitious. 2If, in the bestowal of the dowry, either of the parties has been imposed upon, relief is granted, even to one who is over twenty-five years of age; because it is not consistent with what is proper and just for one person to profit by the loss of another, or to suffer loss through the gain of another.

Pomponius, On Sabinus, Book XIV. Where she is not to blame, she will be entitled to the price, just as if she had delivered the property, because anything that happens will be at the risk of the purchaser.

Pomponius, On Sabinus, Book XIV. If you have received, as dowry, certain slaves whose value has been appraised, and an agreement was entered into that, in case of a divorce, you would return other slaves appraised at the same value, Labeo says that the offspring of these slaves will be yours, because the slaves were at your risk.

Pomponius, On Sabinus, Book XIV. If a woman should sell a slave purchased with money given to her by her husband, and then buy another, Fulcinius held that the woman must be responsible for the loss of the last slave. This is not true, even though the second slave was not purchased with money belonging to the husband. 1Where a husband gives wool to his wife and she makes clothing for herself out of it; Labeo says that the clothing belongs to the wife.

Pomponius, On Sabinus, Book XIV. Where, however, a husband makes clothing for his wife out of his own wool, although this is done for his wife and through solicitude for her, the clothing, nevertheless, will belong to the husband; nor does it make any difference whether the wife assisted in preparing the wool, and attended to the matter for her husband. 1Where a wife uses her own wool, but makes garments for herself with the aid of female slaves belonging to her husband, the garments will be hers, and she will owe her husband nothing for the labor of the slaves; but where the clothing is made for her husband, it will belong to him, if he paid his wife the value of the wool. Where, however, the wife did not make the clothing for her husband, but gave it to him, the donation will not be valid; as it will only be valid when the clothing is made for her husband, and she will never be permitted to render a bill for the labor of her husband’s female slaves. 2If a husband should give a lot to his wife in order that she may erect a house upon it, there is no doubt that the house will belong to the husband; but it is settled that the woman will be entitled to her expenses, for if the husband should claim the house, the wife can retain the expenses she incurred in building. 3Where there were two slaves, each of them worth five aurei, but both of them together were sold for five by a husband to his wife for the purpose of benefiting her, or vice versa; the better opinion is that they are held in common by the two parties in proportion to the price; for indeed it is not to be considered what the slaves are worth, but how much of the price has been remitted by way of donation. There is no doubt that either a husband or a wife can purchase property from one another for less than it is worth, if there is no intention of making a donation. 4If a husband should sell anything to his wife for its true value, or vice versa, and for the sake of making a donation, and they agree that the vendor shall not furnish any guarantee with reference to the property, it should be considered what the agreement was with reference to the sale, whether the property was actually sold and the entire transaction was a valid one, or, indeed, if only the latter part of the agreement was void; just as if it would be when the purchase had been concluded, the agreement had been made after a change of mind. The better opinion is that only the latter part of the agreement is void. 5We hold that the same rule will apply if, for the purpose of making a donation, the parties agree that the vendor shall not guarantee that a slave is in the habit of running away, or is a vagabond; that is to say, the rights of action under the Edict of the Ædiles and on purchase shall remain unimpaired. 6Where a man owes his wife a sum of money payable at a certain time, he can pay it at once without fear of it being considered a donation, although if he had retained the money until the time it was due, he could have enjoyed the advantage of its use. 7If you are about to bequeath me a legacy, or leave me a portion of your estate, and are requested to do so, you can leave it to my wife, and this will not be considered a donation, because my property is in no way diminished; and Proculus says that the principal reason why our ancestors came to the aid of the donor was in order that one of the parties might not be despoiled through affection for the other; but they were not so evil disposed as to wish to prevent one of them from becoming wealthier. 8Where a husband makes his wife a very valuable gift on the Kalends of March or on her birthday, this is a donation; but if his wife should incur any expense by which she may be more honorably maintained, the contrary opinion must be held. 9A wife is not considered to have become any more wealthy if she spends money given to her by her husband for banquets, for perfumes, or for food for her slaves. 10Ad Dig. 24,1,31,10Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 365, Note 14.Provisions which a husband furnishes for the slaves or the horses of his wife, and which belong to them in common, cannot be recovered by him. I think that the contrary rule should be observed, however, where he supports the domestic slaves of his wife, or those which are kept for sale.

Ad Dig. 24,3,9ROHGE, Bd. 11 (1874), Nr. 97, S. 295: Folge des Annahmeverzuges des Frachtguts seitens des Empfängers. Befugnis des Frachtführers zum Verkaufe, nicht Verpflichtung.Pomponius, On Sabinus, Book XIV. If a woman should be in default in receiving her dowry, her husband shall only be responsible for bad faith, and not for negligence with reference to the matter, in order to avoid his being compelled by the act of his wife to cultivate her land indefinitely; but the crops which have come into the hands of the husband must be given up.

The Same, On Sabinus, Book XIV. Where a legatee makes a stipulation on account of a slave that has been bequeathed to him, the heir will not be obliged to produce the slave if he should run away. The heir will not be bound by such a stipulation, for the reason that the slave must be delivered just as he was when mentioned in the will, nor is any injury understood to have been inflicted upon the legatee by doing so.

Pomponius, On Sabinus, Book XIV. If the heir should make a donation of a sum of money to a slave, who is to be conditionally free, in order that he may pay it to him and be liberated, Aristo says that he will not become free, but if the heir should give him the money absolutely he will obtain his freedom.