[SCAEUOLA libro quinto digestorum. ] §12.6.67.prStichus testamento eius, quem dominum suum arbitrabatur, libertate accepta, si decem annis ex die mortis annuos decem heredibus praestitisset, per octo annos praefinitam quantitatem ut iussus erat dedit, postmodum se ingenuum comperit nec reliquorum annorum dedit et pronuntiatus est ingenuus: quaesitum est, an pecuniam, quam heredibus dedit, ut indebitam datam repetere et qua actione possit.
[SCAEUOLA, in his fifth book of Digests.]\n\nStichus, having received his freedom by the testament of a person whom he believed to be his master, on the condition that he should pay ten annually to the heirs for ten years from the day of death, paid the pre-established amount for eight years as he had been ordered. Afterwards, he discovered that he was freeborn, did not pay for the remaining years, and was declared freeborn. It was asked whether he could recover the money he had paid to the heirs as having been paid when not due, and by what action.
respondit, si eam pecuniam dedit, quae neque ex operis suis neque ex re eius, cui bona fide seruiebat, quaesita sit, posse repeti. §12.6.67.1Tutor creditori pupilli sui plus quam debebatur exsoluit et tutelae iudicio pupillo non imputauit: quaero an repetitionem aduersus creditorem haberet.
He answered that if he paid that money which was acquired neither from his own labors nor from the property of the person whom he was serving in good faith, it could be recovered.\n\nA tutor paid a creditor of his ward more than was due, and did not charge it to the ward in the action of guardianship. I ask whether he would have a claim for recovery against the creditor.
respondit habere.
He answered that he would.\n\nTitius, having many creditors, among whom was also Seius, transferred his property to Maevius by a private sale in order to satisfy his creditors.
§12.6.67.2Titius cum multos creditores haberet, in quibus et Seium, bona sua priuatim facta uenditione Maeuio concessit, ut satis creditoribus faceret: sed Maeuius soluit pecuniam Seio tamquam debitam, quae iam a Titio fuerat soluta: quaesitum est, cum postea repperiantur apochae apud Titium debitorem partim solutae pecuniae, cui magis repetitio pecuniae indebitae solutae competit, Titio debitori an Maeuio, qui in rem suam procurator factus est.
But Maevius paid the money to Seius as if it were due, which had already been paid by Titius. When receipts for the partially paid money were afterwards found with the debtor Titius, it was asked to whom the recovery of the money paid when not due rather belongs: to the debtor Titius, or to Maevius, who was made a procurator in his own interest.
respondit secundum ea quae proponerentur ei, qui postea soluisset. §12.6.67.3Idem quaesiit, an pactum, quod in pariationibus adscribi solet in hunc modum 'ex hoc contractu nullam inter se controuersiam amplius esse' impediat repetitionem.
He answered that, according to the facts presented, it belongs to him who had paid later.\n\nThe same person asked whether an agreement, which is customarily added to settlements in this manner: "that there is no further controversy between them arising from this contract," prevents recovery.
respondit nihil proponi, cur impediret.
He answered that nothing was presented to show why it should prevent it.\n\nLucius Titius lent a certain sum of money to Gaius Seius, a minor under twenty-five years of age, and received from him some amount under the name of interest.
§12.6.67.4Lucius Titius Gaio Seio minori annis uiginti quinque pecuniam certam credidit et ab eo aliquantum usurarum nomine accepit, et Gaii Seii minoris heres aduersus Publium Maeuium a praeside prouinciae in integrum restitutus est, ne debitum hereditarium solueret, et nec quicquam de usuris eiusdem sortis, quas Seius minor annis uiginti quinque exsolueret, repetendis tractatum apud praesidem aut ab eo est pronuntiatum: quaero, an usuras, quas Gaius Seius minor annis uiginti quinque quoad uiueret creditori exsolueret, heres eius repetere possit.
The heir of the minor Gaius Seius was restored to his original position by the governor of the province against Publius Maevius, so that he should not pay the hereditary debt. Nor was anything discussed before the governor or decreed by him concerning the recovery of the interest on the same principal which Seius, a minor under twenty-five years of age, had paid. I ask whether his heir can recover the interest which Gaius Seius, a minor under twenty-five years of age, had paid to the creditor during his lifetime.
respondit secundum ea quae proponerentur condici id, quod usurarum nomine defunctus soluisset, non posse.
He answered that, according to the facts presented, what the deceased had paid under the name of interest cannot be recovered by condictio.
item quaero, si existimes repeti non posse, an ex alio debito heres retinere eas possit.
I also ask, if you think it cannot be recovered, whether the heir can retain it out of another debt.
respondit ne hoc quidem.
He answered that not even this is allowed.