Stipulationum libri
Ex libro VI
Venuleius, Stipulations, Book VI. Where two or more guardians are administering a guardianship, the stipulation of the surety of each one will render him liable for the entire amount. But if the guardianship is divided among them by districts, which is generally done, and one of them attends to the business in the city, and the other to that outside of it, then the stipulation will bind, or will not bind either surety, according to the liability of either principal; for although they are all guardians, and are administering the guardianship, still, if either of them is sued with reference to property which is outside of his district, or is brought into court, the stipulation will not bind him unless the administration of the guardianship has been entirely entrusted to him. Where the administration of the entire trust has not been committed to a guardian, the effect is the same as if it had not been given to him with reference to the property which is in question.
The Same, Stipulations, Book VI. When we attempt to obtain anything by virtue of a double stipulation, the heirs of the vendor should all be sued for the entire amount, and all of them should defend the case; and if one of them fails to do so, it will be of no advantage to the others to make a defence, because the sale must be defended in its entirety, as its nature is indivisible. Where, however, one of them is in default, all are considered to be so; and therefore all of them will be liable, and each one will be required to pay in proportion to his share of the estate.
Venuleius, Stipulations, Book VI. When, through fraud, a case has not been completely defended, the stipulation will become operative under the clause relating to the payment of the judgment; for a suit is not considered to be properly defended in accordance with the opinion of a good citizen where a defence is not made for the entire amount of the property involved,