Digestorum libri
Ex libro VIII
Dig. 23,3,85Scaevola libro octavo digestorum. Fundum filiae nomine pater in dotem dederat: huius heredi filiae ex asse creditoribus urguentibus patris utilius videtur potius fundum qui dotalis est distrahere, quod minus fructuosus sit, et alios hereditarios uberiore reditu retinere: maritus consentit, si nulla in ea re captio sit futura. quaero, an ea pars dotis, quae in hoc fundo est, mulieri manente matrimonio recte solvatur. respondit, si pretium creditori solvatur, recte solutum.
Scævola, Digest, Book VIII. A father gave a tract of land as dowry for a daughter, and, having died, left the daughter the sole heir of his estate. She, having been pressed by the creditors, decided that it would be better to sell the tract of land which had been given by way of dowry, because it was less productive, and to retain the other tracts belonging to the estate, because they yielded a larger income. The husband gave his consent to this, provided there was no fraud in the transaction. I ask whether that part of the dowry which was included in this tract of land could be lawfully transferred to the woman during the marriage. The answer was that it could be, if the price of the same was paid to a creditor.