Julianus, Digest, Book XLV. When a judge orders land to be restored where a minor has been overreached in a sale, and directs him to return the price of the same to the purchaser, and he is unwilling to take advantage of complete restitution, having changed his mind; the minor is entitled to an exception against the party demanding the purchase-money, as in the case of res judicata; because every one is permitted to reject what was introduced for his own benefit. Nor can the purchaser complain if he is restored to the same condition in which he was placed by his own act, and which he could not have changed if the minor had not sought the aid of the Prætor.

The Same, Digest, Book XLV. Where anyone pays a sum of money for the reason that no defence was made to an action for its recovery, even though he subsequently may be ready to set up a defence, he cannot recover what he has paid.

The Same, Digest, Book XLV. In the action to enforce judgment, the plaintiff in favor of whom a decision was first rendered against the defendant is not entitled to preference.

Julianus, Digest, Book XLV. If I desire to bring an action in the name of a son against his father, and the latter appoints an attorney, the son is not considered to be defended unless he gives security for the payment of the judgment; and therefore an action should be granted against him just as if he was not defended by his father.