[IULIANUS libro decimo digestorum. ] §12.6.32.prCum is qui Pamphilum aut Stichum debet simul utrumque soluerit, si, posteaquam utrumque soluerit, aut uterque aut alter ex his desiit in rerum natura esse, nihil repetet: id enim remanebit in soluto quod superest.
[JULIANUS, Digest, Book 10.] When a person who owes either Pamphilus or Stichus has paid both at the same time, if, after he has paid both, either both or one of them has ceased to exist, he shall recover nothing; for that which survives will remain as paid.
§12.6.32.1Fideiussor cum paciscitur, ne ab eo pecunia petatur, et per imprudentiam soluerit, condicere stipulatori poterit et ideo reus quidem manet obligatus, ipse autem sua exceptione tutus est.
When a surety makes a pact that money shall not be demanded from him, and has paid through ignorance, he can bring an action for recovery against the stipulator, and therefore the principal debtor indeed remains obligated, while the surety himself is protected by his exception.
nihil autem interest, fideiussor an heres eius soluat: quod si huic fideiussori reus heres extiterit et soluerit, nec repetet et liberabitur.
It makes no difference whether the surety or his heir pays; but if the principal debtor becomes the heir to this surety and pays, he shall not recover and will be released.
§12.6.32.2Mulier si in ea opinione sit, ut credat se pro dote obligatam, quidquid dotis nomine dederit, non repetit: sublata enim falsa opinione relinquitur pietatis causa, ex qua solutum repeti non potest.
If a woman is under the impression that she is obligated for a dowry, and has given anything under the name of dowry, she does not recover it; for when the false impression is removed, there remains a cause of affection, based on which what has been paid cannot be recovered.
§12.6.32.3Qui hominem generaliter promisit, similis est ei, qui hominem aut decem debet: et ideo si, cum existimaret se Stichum promississe, eum dederit, condicet, alium autem quemlibet dando liberari poterit.
A person who has promised a slave in general terms is similar to one who owes either a slave or ten; and therefore if, while thinking that he had promised Stichus, he has given him, he can bring an action for recovery, but he can be released by giving any other slave whatsoever.