Tryphoninus, Disputations, Book VI. Moreover, if you tender an oath, and I swear that you did not swear that I was obliged to pay you; then, in opposition to an equitable action by which it is intended to ascertain whether you made oath that you had a right to require payment, I can plead an exception based upon my oath for the purpose of disposing of the question included in the action.

Tryphoninus, Disputations, Book VI. Although the dowry becomes a part of the property of the husband, it nevertheless, in fact, belongs to the wife. It has, with reason, been decided that if she gave land which was not appraised as dowry, and, on account of this, a stipulation for double damages was provided, and the land should be evicted from the husband, the latter can immediately bring an action on the stipulation. Moreover, as it is to her interest that the property given by way of dowry should not be evicted, and because she herself suffers from the eviction because she ceases to possess what constituted the dowry; it is held that she is also entitled to the profits of the same while the marriage continues to exist, even though the ownership of the property is in the husband, and he sustains the burdens of matrimony.

Tryphoninus, Disputations, Book VI. The question was raised whether a daughter who, along with her brothers, was a proper heir of her father and, being content with her dowry, refused to accept the estate, could be compelled to place it in collation. The Divine Marcus stated in a Rescript that, if she did not accept her father’s estate, she could not be forced to do so. Therefore, the dowry which was given will not only remain in the hands of the husband, but also, if it has been promised it can be collected from her brothers, and is considered a debt, as it is no longer included in the estate of the father.