Digestorum libri
Ex libro XXXI
Dig. 39,5,35Scaevola libro trigensimo primo digestorum. Ad eum, quem manumiserat, epistulam misit in haec verba: ‘Titius Sticho liberto suo salutem. Cum te manumiserim, peculium quoque tuum omne, quidquid habes tam in nominibus quam in rebus moventibus sive in numerato, me tibi concedere hac epistula manu mea scripta notum tibi facio’. eundem libertum testamento ex besse scripsit heredem, Sempronium ex triente: nec peculium Sticho legavit nec actiones praestari iussit. quaesitum est, utrum in assem Sticho actio detur eorundem nominum, quae in peculio habuit, an utrisque heredibus pro portionibus hereditariis. respondit secundum ea quae proponerentur utrisque heredibus pro hereditariis portionibus competere. 1Lucius Titius fundum Maeviae donavit et ante traditionem eundem fundum post dies paucos Seio pignori obligavit et intra dies triginta Maeviam in vacuam possessionem eiusdem fundi induxit: quaero, an donatio perfecta sit. respondit secundum ea quae proponerentur perfectam: verum creditorem firmam pignoris obligationem habere. 2Avia sub nomine Labeonis nepotis sui mutuam pecuniam dedit, et usuras semper cepit et instrumenta debitorum a Labeone recepit, quae in hereditate eius inventa sunt: quaero, an donatio perfecta esse videatur. respondit, cum debitor Labeoni obligatus est, perfectam donationem esse.
Scævola, Digest, Book LI. A man wrote to a slave whom he had manumitted, as follows: “Titius to Stichus, his freedman, Greeting. After having manumitted you I notify you by this letter, written by my own hand, that I give to you everything which you have in credits, in movable property, and in money.” He also made the same freedman heir to two-thirds of his estate by will, and Sempronius his heir to the remaining third; but he did not bequeath to Stichus his peculium, nor did he direct that he should have the rights of action growing out of the same. The question arose whether an action should be granted to Stichus for the entire amount of the credits, including his peculium; or whether it should be granted to both of the heirs in proportion to their respective shares of the estate. The answer was that, in accordance with the facts stated, the action should be granted to both of them in proportion to their respective shares of the estate. 1Lucius Titius gave to Mævia a tract of land, by way of a donation, and a few days afterwards before delivering the same, he pledged the land to Seius, and then, within thirty days, gave Mævia possession of the said land. I ask whether the donation was perfected or not. The answer was that, in accordance with the facts stated, it was perfected, but that the creditor was undoubtedly entitled to his right in the land under the pledge. 2A grandmother lent money, in the name of Labeo, her grandson, and always collected the interest, and the evidences of indebtedness were received by Labeo, and were afterwards found among the assets of his estate. I ask whether the donation should be considered to have been perfected. The answer was that, as the debtors were liable to Labeo, the donation was perfected.