Ad Dig. 20,1,34Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 137, Note 8.Scævola, Digest, Book XXVII. Where a debtor gave a shop in pledge to his creditor, the question arose whether the transaction was void, or whether it should be held that under the designation of “shop” all of the property contained therein was pledged. And if the party should sell the said merchandise, from time to time, and purchase other goods and place them in said shop, and then should die, could the creditor recover by an hypothecary action everything found there, as the merchandise had been changed, and other articles substituted? The answer was that whatever was found in the shop at the time of the death of the debtor was held to have been pledged. 1It was also asked, where a letter, such as the following, was sent, namely: “When I borrowed five hundred denarii of you, I requested you not to take a surety but to accept a pledge from me, for you know absolutely and with certainty that my shop and my slaves are not encumbered to anyone else but yourself, and that you have confidence in me as an honest man.” Is the obligation of a pledge incurred? Or is this letter of no force, because it has no date, and no reference to the consul? The answer was that, as an agreement with reference to pledges seems to have been made, the obligation derived from a pledge is not void, merely for the reason that the date and the name of the consul do not appear, and no seals are attached to the document. 2A creditor accepted from a debtor, by way of pledge, all the property which he had or might have subsequently. The question arose whether the money which the said debtor had borrowed from the other party, as it was included in his property, would be bound to the creditor by way of pledge? The answer was that it would.

Scævola, Digest, Book XXVII. Ad Dig. 20,4,21 pr.Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 246, Note 2.Titius hypothecated to Seia all the property which he possessed or might subsequently acquire, on account of a judgment that had been rendered against him for a sum of money which he owed because of his guardianship. Afterwards, having borrowed money from the Treasury, he encumbered all his property to it, and paid Seia a portion of what was due to her, and promised to pay her the remainder after having renewed the obligation; and as before, an agreement was made concerning pledges. The question arose whether Seia should be preferred to the Treasury both with reference to the property which Titius had at the time of the first obligation, as well as to that which he had acquired after said obligation was contracted, until his entire indebtedness was discharged. The answer was that there was nothing in what was stated to prevent her from being preferred. 1Ad Dig. 20,4,21,1ROHGE, Bd. 6 (1872), S. 281: Pfandrecht des Vermiethers an den eingebrachten zum Verkaufe bestimmten Waaren des Miethers. Zeitweise und dauernde Bestimmung der Verwendung.A creditor made a loan to a dealer in marble on a pledge of tombstones, the price of which had been paid to the vendors out of the money furnished by the creditors. The debtor was the lessee of certain warehouses belonging to the Emperor, and, as the rent for the same had not been paid for some years, the officer charged with its collection proceeded to sell the tombstones. The question arose whether the creditor had a right to retain them on account of the pledge. The answer was that, in accordance with the facts stated, he had that right.

Scævola, Digest, Book XXVII. A father promised a dowry for his daughter, and entered into an agreement that he would support her and all her family. This foolish man made a note payable to his son-in-law in lieu of the interest due on the promise to give a dowry. As he had supported his daughter, and her husband had been at no expense on this account, the question arose whether an exception on the ground of bad faith could be pleaded in bar against the son-in-law, if he brought suit under the stipulation for the purpose of collecting the note? The answer was, that if her father had supported her, as was stated, and had made the promise by mistake, then an exception on the ground of bad faith could be interposed. 1A grandfather bequeathed a hundred sesterces to each one of his grandchildren by his daughter, and added the following words, “I ask you to pardon me, for I could have left you much more if your father Fronto had not treated me badly, for I lent him fifteen aurei-which I could not collect, and finally, the enemy deprived me of almost all my property.” If the heir of the grandfather should bring an action to collect the fifteen aurei from the said grandchildren, who were the heirs of their father, the question arose, would he be considered to have acted against the will of the deceased, and could he be barred by an exception on the ground of fraud? The answer was that the exception would operate as a bar. 2An heir who was appointed to the fourth of an estate purchased for a certain sum of money the share of his co-heir who had been appointed heir to three-fourths of it, executed promissory notes for the deferred payments, and bound himself by a stipulation. The vendor of the estate died; Septitius attacked the will as being forged, and having brought suit to recover the estate from the purchaser, obtained an order of court to prevent him from disposing of any part of it. The question arose whether the heirs who brought suit under the stipulation, while a case involving the genuineness of the will was pending, could be barred by an exception on the ground of fraud. The answer was that the heirs of the vendor could be barred by an exception on the ground of fraud if they persisted in demanding payment of the notes before the case relating to the will was decided. 3A woman, having appointed her husband and her son heirs to equal portions of her estate, also appointed a daughter whom she had had by a former marriage her heir, as follows: “Let my daughter, Mævia, be the heir to six-twelfths of my estate, if she accounts to her co-heirs for what I shall owe her at the time of my death, growing out of the accounts of her guardianship, which my father, Titius, her grandfather, administered.” As this daughter had been appointed under a condition, if she should reject the estate in order to preserve the right of action on guardianship, the question arose whether she could claim the legacy which had been bequeathed to her by her mother. The answer was that, in accordance with the facts stated, she made the claim in question contrary to the wishes of her mother, and therefore she would be barred by an exception on the ground of bad faith.