Scævola, Questions, Book IV. Where a party knowingly receives money which is not due, since this is the same as a theft, it should be considered whether, when an agent makes payment with his own money, he does not commit a theft upon himself? Pomponius says in the Eighth Book of the Epistles, that the agent has a right of action for recovery based on theft; and that I, also, have such a right, if I ratify the payment of money which is not due; but where one action is brought, the right to bring the other is extinguished.

Scævola, Questions, Book IV. If a father should appoint guardians for a daughter whom he has disinherited, and the will should be declared to be broken on account of the birth of a posthumous child, it will be best for the said guardians to be appointed for the ward, for the purpose of claiming the inheritance of the intestate.

Scævola, Questions, Book IV. If a freedman is in default in rendering his services, his surety will be liable, but the surety himself cannot be in default. A surety, however, who has agreed to furnish a substitute for the debtor will be liable for delay.

Scævola, Questions, Book IV. Or where the usufruct belongs to another.

Scævola, Questions, Book IV. If my co-heir has collected double damages on account of a theft perpetrated by a number of slaves, Labeo thinks I will not be prevented from bringing an action for double damages; and that, in this way, a fraud will be committed against the Edict; and that it is unjust for our heirs to collect more than we ourselves could have done. 1He also says that if the deceased recovered less than double damages, his heirs cannot properly bring suit for more than equal portions; but I think that the better opinion is that the heirs can sue for their shares, and that both heirs together cannot recover more than double damages including what the deceased collected.