The Same, Opinions, Book I. It is settled that where a father makes a compromise with reference to the rights of sons who are not under his control, they are not prejudiced by it.

Ulpianus, Opinions, in Answer to Maximin, Book I. Where persons form a partnership of their entire property, that is to say of whatever property either one may subsequently acquire, an estate which falls to either of them must be placed in the common fund. He also stated to Maximin that, where persons form a partnership of their entire property in such a way that whatever is expended or gained shall be to the common profit or expense; any sums which may be expended for the children of either must be charged to both.

Ulpianus, Opinions, Book I. If, after sentence has been pronounced, a pledge should be taken in a case by the authority of someone who can order this to be done, the heir of the party to whom the pledge was given will be preferred through the privilege of priority of time.

Ulpianus, Opinions, Book I. Where the following has been added to a stipulation, “and interest, if any is due,” it will be void if the rate of interest is not mentioned.

Ulpianus, Opinions, Book I. He who says that he has changed his mind must prove it.

Ulpianus, Opinions, Book I. With reference to the return of a dowry, where it was agreed to do so if the girl died before marriage, it is also held that the husband agreed not to claim it, and that the father had obtained the right to transmit to his heir an exception on the ground of contract.

Ulpianus, Opinions, Book I. A curator is not compelled to render an account of his acts to his associate, but where he does not share the administration with him, or does not discharge his trust in good faith, he can be denounced as suspicious.

Ulpianus, Opinions, Book I. Where a claim due from a debtor has been approved by the last curator, the guardian cannot be sued for the claim.

Ulpianus, Opinions, Book I. I gave it as my opinion that the heir of a guardian, where he has paid a sum for which his wards were liable, is entitled to the counteraction against them.

The Same, Opinions, Book XII. Where a party, having been interrogated in court, answers that he is a guardian, he will not be liable to any action for making this statement. Where, however, he was not a guardian, and the minor was in any way defrauded through his answer, an equitable action should be granted against him.

Ulpianus, Opinions, Book I. Ulpianus stated to Julianus that the testator, by adding, “The entire Seian Estate,” was understood to have left also that portion of the above-mentioned land which seemed to be appurtenant to it by the terms of the trust, and which he had obtained by way of pledge; the right of the debtor to the same being reserved. 1The execution of a trust cannot be demanded under the following words: “Be sure to take good care of my fields, and the result will be that my son will give you your children.” 2Where slaves held in common with another are bequeathed by Seia, under the condition, “If they should be mine when I die,” they will not be due; provided the testatrix intended that they should be due if they were entirely hers at that time. 3Where certain tracts of land are left, together with the stores situated thereon, the slaves who belonged to said lands when the will was made will be included in the legacy, as well as those who were subsequently attached to it; provided the testator plainly showed that this was his intention.

Ulpianus, Opinions, Book I. Where slaves, to whom freedom has been bequeathed under the terms of a trust, are afterwards sold by a creditor, they cannot be granted relief against the heir, except for good cause.

Ulpianus, Opinions, Book I. A son who appears as the heir of his father is forbidden from demanding as a slave one who had been manumitted by his father.

Ulpianus, Opinions, Book I. The intention of the contracting parties must be determined from the following words, “What we have promised to furnish you, as stipulator,” for if both of them have become joint-promisors, and one is absent, he will not be bound, but the one who is present will be liable for the entire amount; or if they are not joint-promisors, he only will be liable for his share.

Ulpianus, Opinions, Book I. It was held by Callippus that although a husband had promised his wife, who was the stipulator, that in case the marriage should be dissolved, the land which was hypothecated for the dowry should be given in payment, still it would be sufficient to tender the amount of the dowry. 1The same authority stated to Fronto, that if a guardian continued to administer the affairs of the guardianship, although he had been accused of a capital crime, payment could be made to him of what was actually due to his ward.

Ulpianus, Opinions, Book I. Answers Valerianus. If the Prætor, who previously had ordered security furnished for three years afterwards, should direct it to be given for a longer time, because he desired that the first stipulation should be abandoned, he is considered to have granted an exception to those who were bound by the first stipulation.

Ulpianus, Opinions, Book I. He who has entered upon the estate of a fiscal debtor begins to be subject to the privileges of the Treasury.

Ulpianus, Opinions, Book I. Answered Charidemus as follows: “Anyone who, while absent, promises by letter that something shall be done for a city, will be compelled to comply with his promise.”

Ulpianus, Opinions, Book II. Where an emancipated son lent a sum of money to be paid to his father, it will afterwards be included in the estate of the father only in case the latter had a right of action against his son for the said sum of money.

Ulpianus, Opinions, Book II. The right to a burial-place is not acquired by a party through long possession, if it does not lawfully belong to him.

Ulpianus, Opinions, Book II. A master who has directed money to be loaned to his slave at six per cent interest, is liable for the amount which he has authorized; and an obligation of pledge does not affect lands which a slave has encumbered without the consent of his master.

Ulpianus, Opinions, Book II. Where property which a father has given to his emancipated daughter is afterwards given for her by way of dowry, with her consent, the dowry is held to have been given by the daughter, and not by the father.

Ulpianus, Opinions, Book II. Where property is given to a husband by his wife for the purpose of obtaining some office, the donation will be valid to the extent that it was necessary to provide the office for her husband.

Ulpianus, Opinions, Book II. A father is held to have received the dowry with the consent of his daughter, when the latter has no good reason to advance in opposition to his claim, and especially if she has afterwards been endowed by him with a larger sum.

Ulpianus, Opinions, Book II. I have already stated that a person has not a valid excuse for release from guardianship on account of some magisterial office, the duties of which he should discharge in a municipality. 1I have given it as my opinion that where a soldier is serving in camp, he has a right to be excused if he is appointed guardian for someone who is not serving in the same camp.

Ulpianus, Opinions, Book II. Nothing is stated by which an heir is prevented from selling houses belonging to an estate, although annuities may have been left to be derived from their rent, provided the right to the legacy remains Unimpaired. 1Where all the parties to whom a trust has been bequeathed consent to the sale of the property, no further demand can be made under the terms of the trust. 2Where a tract of land has been unconditionally devised, and its profits have been acquired by the legatee after acceptance of the estate, they will belong to him, and the tenant interested in said profits will be entitled to an action against the heir under his lease.

Ulpianus, Opinions, Book II. By the following clause, “Let my heirs take notice that my entire wardrobe, and any other property which I had in my possession at the time of my death, has been given to So-and-So and So-and-So, my freedmen,” the ownership of the property will, by a liberal interpretation, belong to the said freedmen.

Ulpianus, Opinions, Book II. Where anyone, who stated to the Emperor that he was born free, has been restored by him to the rights to which he was entitled by birth, is proved to have been born of a female slave, he is considered to have obtained nothing.

Ulpianus, Opinions, Book II. The vendor can follow up any property which has been sold, and which is to remain in the hands of the purchaser under a precarious title, until the entire price has been paid, if it was the purchaser’s fault that payment has not been made.

The Same, Opinions, Book II. It is no disadvantage to an appellant if, in his petition, he did not indicate from what part of the decision he appealed. 1It is not customary to reject the appeal of those who have at least one good ground for appeal.