Paulus, On the Edict, Book LXIX. An action for an amount equal to his interest in the case will lie against the party who detained him.

Paulus, On the Edict, Book LXIX. Where there are two creditors equally interested, and a debtor promises one of them under a penalty to appear in court, and the other prevents him from so doing, an exception does not lie against the other if they are partners, lest the fraud of one of them may benefit the other on account of the partnership. 1In like manner, where there are two debtors jointly liable, and one of them, breaking his promise, does not appear in court, and the plaintiff then demands the property in dispute from one, and the penalty for non-appearance for the other, the suit to recover the penalty will be barred by an exception. 2Also, where a promise has been made by a father to appear in court on account of some contract made by his son, and afterwards the plaintiff institutes proceedings against the son; they are barred by the exception if the plaintiff sues his father on account of his promise. On the other hand, the same rule applies if the son promised to appear and the plaintiff brings an action against the father for the peculium.

Paulus, On the Edict, Book LXIX. Where anyone promises that a slave, or some other person who is under the control of another shall appear in court, he is entitled to the same exceptions as he would be if he had bound himself for a freeman, or the head of a family; except where the slave is said to be absent on public business, for a slave cannot be absent on public business. Leaving this exception out of consideration, all the others, being generally applicable, can be taken advantage of in the cases of freemen as well as in those of slaves.

Ad Dig. 21,1,60ROHGE, Bd. 16 (1875), Nr. 81, S. 321: Folgen der Verarbeitung bezw. Umgestaltung eines Theils der gekauften Waare mit erkennbarem Fehler bezüglich der Redhibitionsbefugnis.Paulus, On the Edict, Book LXIX. After the return of the slave has been made, everything should be placed in its former condition just as if there had been no sale.

Paulus, On the Edict, Book LXIX. Proof is incumbent upon the party who affirms a fact, not upon him who denies it.

Paulus, On the Edict, Book LXIX. If the will is in the possession of a ward, and he has been deprived of it by the fraudulent act of his guardian, the interdict will lie against the guardian himself; for it is only just that he should be liable for his own crime and not his ward.

The Same, On the Edict, Book LXIX. The interdict Quod vi aut clam is acquired for the owner by almost any person, and even by a tenant.

Ad Dig. 46,2,19Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 485, Note 18; Bd. II, § 487, Note 3.The Same, On the Edict, Book LXIX. The exception on the ground of fraud, which can be opposed to anyone who delegates his debtor, does not affect the creditor to whom the debtor is delegated. The same rule applies to all similar exceptions, and, indeed, even to that which is granted a son under paternal control by the Decree of the Senate. For he cannot make use of the exception against the creditor to whom he has been delegated by one who lent money contrary to the Decree of the Senate, because, making this promise, nothing is done in violation of the Decree of the Senate, and therefore he cannot recover what he has paid, any more than he can recover what he has paid in court. The case is different where a woman has promised to pay contrary to the Decree of the Senate, for security is included in the second promise. The same rule applies to a minor who, having been deceived, is delegated; for, if he is still a minor, he is deceived a second time. It is otherwise if he has passed the age of twenty-five years, although he still can obtain restitution against his first creditor. Therefore, exceptions against his second creditor are refused him; because in private contracts and agreements the claimant cannot readily ascertain what transactions have taken place between the person delegated and his original debtor; or, even if he does know, he should simulate in order not to appear too inquisitive; and hence it is but reasonable that the exception against the original debtor should be refused him.

Paulus, On the Edict, Book LXIX. A slave cannot be absent on business for the State.