[PAULUS libro tertio responsorum. ] §10.2.38.prLucius et Titia fratres emancipati a patre adulti curatores acceperunt: hi communes pecunias ex reditibus redactas singulis subministrauerunt: postea omne patrimonium diuiserunt: et post diuisionem Titia soror Lucio fratri suo coepit quaestionem mouere, quasi amplius accepisset quam ipsa acceperat.
[PAULUS, from the third book of Responses.] Lucius and Titia, a brother and sister emancipated by their father, on reaching majority, received curators; these supplied to each of them common moneys realized from the revenues. Afterwards they divided the whole patrimony; and after the division, the sister Titia began to raise a dispute against her brother Lucius, as if he had received more than she herself had received.
cum Lucius frater eius non amplius sua portione, immo minus quam dimidiam consecutus sit, quaero, an Titiae competat aduersus fratrem actio.
Since her brother Lucius obtained no more than his own share, but rather less than a half, I ask whether Titia has an action against her brother.
Paulus respondit, secundum ea quae proponuntur si Lucius non amplius ex reditu praediorum communium accepit, quam pro hereditaria portione ei competeret, nullam sorori eius aduersus eum competere actionem.
Paulus answered that, according to the facts presented, if Lucius did not receive more from the revenue of the common estates than what would be due to him in proportion to his hereditary share, no action is available to his sister against him.
idem respondit, cum ex decretis alimentis a praetore amplius fratrem accepisse diceretur quam sororem, non tamen ultra partem dimidiam.
He also answered that the same applies even though the brother was said to have received more than the sister from the maintenance decreed by the praetor, provided it was not, however, beyond a half share.