Scævola, Digest, Book III. A son who was emancipated by his father in compliance with a condition of his mother’s will, entered upon the estate which his father had possession of before he emancipated his son, and of which he had also obtained the profits, and expended some of them in honor of his son, who was a Senator. The question arose, as the father was prepared to surrender the estate, after having reserved the sum which he had expended for his son, whether the latter, if he still persisted in prosecuting his action for the recovery of the estate, could be barred by an exception on the ground of fraud? I answered that even if the father did not avail himself of the exception, the duty required of the judge could sufficiently dispose of the matter.