Digestorum libri
Ex libro XLVII
The Same, Digest, Book XLVII. Whenever a minor is the heir of his father, and refuses to accept his estate, although the property of the deceased passes into the hands of his creditors, still, whatever the minor has done in good faith should be confirmed. Therefore, if anyone should purchase a tract of land from a ward, with the consent of his guardian, relief should be granted him; and it makes no difference whether the ward is solvent or not.
The Same, Digest, Book XLVII. Even if a debtor may not have had the intention to defraud his creditors, his donee can be deprived of property given to him mortis causa; for, as legacies bequeathed by the will of a person who is insolvent are absolutely void, it can be held that donations mortis causa made under such circumstances should also be annulled because they resemble legacies.
Julianus, Digest, Book XLVII. If a debtor fails in business, and his creditors assemble and select one by whom his property may be sold, the amount due to each one of them to be paid from the proceeds of the sale, and another person afterwards appears, who alleges that he also is a creditor, he will not be entitled to an action against the curator, but he, along with the curator, can sell the property of the debtor, so that whatever is realized from the sale of the property by the curator and the said creditor may be paid to all the creditors in proportion to their claims.
The Same, Digest, Book XLVII. When the principal debtor becomes the heir of his surety, the obligation of suretyship is extinguished. What, then, must be done? If the principal debtor is sued for the claim, and makes use of the exception to which the surety was entitled, a replication in factum should be granted, for recourse can be had to one on the ground of fraud.