Scævola, Questions, Book XIII. Relief is granted to a guardian who defends a young child, in order that an action for the enforcement of the judgment may be granted against the ward.

Scævola, Questions, Book XIII. If a minor rejects an estate, relief must be granted to the sureties given by him, if suit should be brought against them on account of some contract relating to the estate.

Scævola, Questions, Book XIII. Where a slave is bequeathed, Neratius says that if Pamphilus is rejected the act will be void, and therefore the legatee will still have the right of selection.

Scævola, Questions, Book XIII. Julianus says, “If I stipulate that nothing shall be done either by you or by Titius, your heir, to prevent me from using the right of way,” not only Titius will be liable, if he does anything to prevent this, but his co-heirs as well. 1A person who stipulates that a tract of land shall be conveyed to him, or Titius, even though the land may be conveyed to Titius, can still claim it, in order that he may be guaranteed against eviction; for he is interested, as he can recover the land from Titius in an action on mandate. If, however, he merely interposed Titius for the purpose of making a donation, it can be said that the principal debtor is at once released by its delivery.

Scævola, Questions, Book XIII. If I stipulate as follows, “Do you promise that force will not be employed by you, or by your heir?” and I bring suit against you because you used violence against me, any act of this kind committed by the heir will still properly remain subject to the terms of the stipulation; for it can take effect, even if force is subsequently employed by the heir, as reference is not merely made to a single act of violence. For, just as the person of the heir is included, so also are any act or acts of violence committed by him, in order that judgment may be rendered against him to the amount of the other party’s interest. Or, if we wish the stipulation to be as follows, “Do you promise that nothing shall be done by you or by your heir?” so that it may relate to only the first act of violence committed, and if this occurs, the stipulation will not take effect a second time, on account of any act of the heir. Therefore, if an action based on this act of violence is brought, nothing further can be done under the stipulation. This is not true.

Scævola, Questions, Book XIII. If the slave of another who is serving two masters in good faith makes an acquisition by means of the property of one of them, reason dictates that he acquires it entirely for the benefit of him whose property was employed, whether he was serving one or both of his masters at the time; for in the case of genuine masters, whenever anything is acquired for the benefit of both, it is acquired for each one in proportion to his share, but if it is not acquired for one of them alone the other will be entitled to all of it. Therefore, the same rule will apply to the case stated and the slave who belongs to another, and is serving yourself and me in good faith, will acquire for me alone whatever is obtained by the use of my property, and he cannot acquire for you, because the profit was not derived from anything that was yours.

Scævola, Questions, Book XIII. An agent brought suit for fifty aurei. If his principal should bring suit for a hundred, the sureties who bound themselves for ratification would be liable for fifty, and for the interest which the debtor had in having the action for the fifty dismissed.