The Same, Opinions, Book VI. If after a testament has been attacked as inofficious an agreement was made by the parties to compromise the case, and the terms of the compromise are not complied with by the heir, it is established that the suit brought on the ground of inofficiousness still remains unaltered. 1Where anyone alleges that he is the son of the testator who denied this to be true in his will, and, nevertheless, disinherited him, ground for an action for an inofficious will still remains. 2A soldier cannot state that the will of another soldier is inofficious. 3Where a grandson instituted proceedings on the ground that a certain part of a will was inofficious, against his paternal uncle or some other person who was appointed heir, and gained the case, but the testamentary heir appealed; it was decided, in the meantime, that on account of the poverty of the minor, he should be granted an allowance for maintenance in proportion to the assets of the estate, (for part of which suit was brought by him in the attack on the will as inofficious) and that his adversary would be required to supply him with necessaries until the case was terminated. 4A complaint can be filed on the ground of inofficiousness in the case of the will of a mother who, thinking that her son was dead, had appointed another heir.

Ulpianus, Opinions, Book VI. Where it has been decided that a sister is co-heir together with her four brothers to the estate of their mother, a fifth part of each of the shares which they possessed must be granted to her, so that they will give her no more than the fifth part of each one of the separate four shares to which they had previously believed themselves to be entitled. 1Where expenses are justly incurred on account of liabilities of an estate, they must be calculated proportionally against the party who has obtained a share of the estate by the right of a patron.

Ulpianus, Opinions, Book VI. There is a great difference between the duties of an advocate and the defence of one’s own case; and where a party subsequently ascertains that certain property belongs to him, he will not lose his ownership of the same, because, while ignorant of the fact, he aided another who was bringing suit to recover it.

Ulpianus, Opinions, Book VI. The vendor of the Geronian Estate set out in the contract for the Botrian Estate which he retained, that no tunny-fishery should take place near it. Although a servitude cannot be imposed on the sea by private contract, since by nature it is open to all, still, as the good faith of the contract demands that the conditions of the sale should be observed, the persons in possession or those who succeed to their rights are bound by the provisions of the stipulation or the sale. 1If it is known that there are stone-quarries on your land, no one can cut stone there either as an individual, or in the public service, without your consent, where he has no right; unless a custom exists in said quarries that, if anyone should wish to take stone from them he can do so, provided he first pays the usual compensation to the owner; and even then he can only take the stone after giving security to the owner that the latter shall not be prevented from using such stone as he needs, nor the enjoyment of the property by the owner be destroyed by the exercise of his right.

Ulpianus, Opinions, Book VI. By raising his house a person caused it to obstruct the lights of a building belonging to a minor under twenty-five years of age, or under the age of puberty, of whom he was the curator or guardian; and although, in this instance, he himself and his heirs would be liable to be sued, for the reason that he had no right to commit an act which, on account of his office, he was required to prevent anyone else from doing; still, an action should be granted to the boy, or to the minor, against anyone who is in possession of the said house, to compel him to remove what was not lawfully constructed.

The Same, Opinions, Book VI. Where a party demolishes the house of another without the consent of the owner, and builds baths on the site, then, irrespective of natural law, which declares that the surface belongs to the owner of the soil, the aggressor will be liable to an action on account of damage caused.

Ulpianus, Opinions, Book VI. Where an inundation destroys the boundaries of a field by the overflow of the water, so as to afford an opportunity to any person to seize places over which they have no right; the Governor of the province must order that they shall not interfere with the property of others, and that the land of the owner shall be restored to him, and the boundaries be fixed by a surveyor. 1It is part of the duty of the magistrate in a case involving the boundaries of land to send surveyors, and by means of them dispose of the question of boundaries in accordance with justice, and by examination with his own eyes, if occasion demands It.

The Same, Opinions, Book VI. Justice does not permit anything which a father furnished his emancipated son, who was absent for the purpose of pursuing his studies, to be included in the share of the property of the deceased which passed to the said son; where it is proved that the father furnished said property not as a loan, but because he was induced to do so by paternal affection.

The Same, Opinions, Book VI. Where a note becomes worthless through payment and pledges are released, the creditor can, nevertheless, bring suit for the production of documents relating to the contract against anyone else than the debtor.

The Same, Opinions, Book VI. In the case where a creditor made a demand for money which had been loaned, and the debtor did not have the money on hand, he gave him certain articles of gold, in order that he might place them in pledge with another creditor. If the party who received them from the debtor holds them after they have been released by payment, he can be ordered to produce them; but if they are still in possession of the creditor, they are held to be liable with the consent of the owner; but the proper action can be brought by the owner of the property against his creditor to compel them to be delivered, as soon as they are released.

The Same, Opinions, Book VI. Where the land of a ward or a minor has been sold illegally and in violation of the Decree of the Senate, and on this account an assessment of damages is made in an action on guardianship, or in an equitable action, and the amount assessed has been paid, the recovery of the land is forbidden by the principles of equity.