Pomponius, On Sabinus, Book XVI. Where an action in rem is brought and a decision is rendered against the heir of the possessor, the negligence and fraud of the heir in the matter must be taken into consideration in rendering judgment.

Pomponius, On Sabinus, Book XVI. Both insane persons and infants are liable to an action based on theft where they have become necessary heirs, although suit cannot be brought against them personally.

The Same, On Sabinus, Book XVI. A lease, or a precarious tenancy is made in the following terms, namely: “As long as he who leases or gives the property may be willing,” and it is terminated by the death of the owner of the property.

Pomponius, On Sabinus, Book XVI. Provided that the absent parties are aware of the betrothal, or that they subsequently ratify it.

Pomponius, On Sabinus, Book XVI. If a husband should, with the consent of his wife, sell stone obtained from quarries on the dotal land, or trees which are not classed as profits, or buildings situated on the premises, the money received from the sale will be considered as forming part of the dowry.

Pomponius, On Sabinus, Book XVI. When an agreement is entered into providing that if a daughter should die during the lifetime of her father-in-law, her entire dowry shall be given to the latter, and if he should die, to his son, and if his son should also die, to the heir of the father-in-law; such a stipulation by an indulgent construction can be upheld as equitable.

The Same, On Sabinus, Book XVI. If a woman should knowingly give as dowry property which belongs to another, it must be delivered to her husband, just as if she had given him something that was her own, as well as the crops for the proportionate part of the year during which the divorce took place.

Pomponius, On Sabinus, Book XVI. For the reason that a father-in-law occupies the place of a parent.

Pomponius, On Sabinus, Book XVI. Labeo says that the children of a woman who are the heirs of their father also can have judgment rendered against them only to the extent of their resources. 1Although in matters relating to the dowry, a husband is not only liable for fraud but also for negligence; still, when, in an action on dowry inquiry is made as to his pecuniary responsibility, fraud is only taken into consideration, because in the management of his own affairs he is not liable for negligence. I think that, although fraud can only affect him if he is not solvent, this merely applies to his inability to pay the amount due to his wife, and not to the fraud of which he may have been guilty toward anyone else. Ofilius, however, says that if the dotal property should be lost through the bad faith of the husband, and he is in other respects insolvent, even though he has not committed fraud to render himself insolvent, still, judgment should be rendered against him solely for the amount of the dotal property with respect to which he has acted fraudulently; just as if it was by bad faith that he had rendered himself pecuniarily responsible. If, however, the husband was not guilty of either fraud or negligence with reference to the loss of the dotal property, only those rights of action to which the husband would be entitled on this ground should be assigned to his wife; as, for instance, those for theft, or unlawful damage.

Pomponius, On Sabinus, Book XVI. Or where he has been guilty of fraud in order to prevent the property from coming into his possession.

Pomponius, On Sabinus, Book XVI. If, when the dowry is paid to the wife or security is given to insure its payment, it should not be stated that the husband shall have a right to bring an action for the recovery of property wrongfully appropriated, he can, nevertheless, bring such an action; for he has a right to do so even where there is no dowry to be returned. 1Sabinus says that if a wife does not return the property which she has wrongfully appropriated, judgment shall be rendered against her for the amount which her husband will swear to in court.

Pomponius, On Sabinus, Book XXXVI. Therefore, he should not be obliged to furnish any guarantee against eviction, because the affair took place through the obstinacy of his wife.

Pomponius, On Sabinus, Book XVI. Where suit was brought under a will against the heir by a person to whom all the family silver had been bequeathed, and who thought that only certain tables had been left him, and brought into court solely the question of appraisement of said tables, and afterwards sued to recover the money which had been left to him, Trebatius says that he will not be barred by an exception, for the reason that he did not bring suit for this in the first place, and did not intend to do so, nor did the judge render any decision with reference to it.

Ad Dig. 44,7,8ROHGE, Bd. 16 (1875), Nr. 109, S. 427, 429: Ergänzung unbestimmt gelassener Vereinbarungen. Arbitrium boni viri.The Same, On Sabinus, Book XVI. An obligation contracted under the following condition, “If I wish,” is void; for when you cannot be compelled to give anything unless you desire to do so, it is just as if nothing had been said. The heir of anyone who makes a promise, and who never expects to perform it, is not liable, because this condition has never been complied with, so far as the promisor himself is concerned.

Pomponius, On Sabinus, Book XVI. Anything is properly said to have come into your hands where it has passed to another through you, as was determined in the case of an estate acquired by a freedman through his patron, who was a son under paternal control, for the benefit of his adoptive father.

Pomponius, On Sabinus, Book XVI. Nothing prescribed either by the Prætorian or the Civil law can be changed by the agreement of private individuals; although the basis of the obligation may be altered by mutual consent, by operation of the law itself, and by the pleading of an exception on the ground of an informal agreement; for the reason that the cause of an action conferred either by the law or by the Prætor is not annulled by the agreement of private individuals, unless it was made between them at the time when the suit was brought.