[SCAEUOLA libro quinto digestorum. ] §13.5.31.prLucius Titius Seiorum debitor decessit: hi persuaserunt Publio Maeuio, quod hereditas ad eum pertineret et fecerunt, ut epistulam in eos exponat debitorem sese esse quasi heredem patrui sui confitentem, qui et addidit epistulae suae, quod in rationes suas eadem pecunia peruenit.
[SCAEVOLA, from the fifth book of the Digests.] Lucius Titius, a debtor of the Seii, died. They persuaded Publius Maevius that the inheritance belonged to him, and caused him to issue a letter to them acknowledging that he was their debtor as if he were the heir of his paternal uncle; and he also added to his letter that the same money had come into his own accounts.
quaesitum est, cum ad Publium Maeuium ex hereditate Lucii Titi nihil peruenerit, an ex scriptura proposita de constituta pecunia conueniri possit et an doli exceptione uti possit.
It was asked, since nothing from the inheritance of Lucius Titius came to Publius Maevius, whether he could be sued on the basis of the produced document by the action for promised money, and whether he could employ the exception of fraud.
respondit nec ciuilem eo nomine actionem competere: sed nec de constituta secundum ea quae proponerentur.
He replied that neither a civil action was competent on that account, nor was the action for promised money, according to the facts proposed.
idem quaesiit, usurarum nomine quod ex causa supra scripta datum sit, an repeti possit.
The same person asked whether what was given under the head of interest for the reason written above could be recovered.
respondit secundum ea quae proponerentur posse.
He replied that according to the facts proposed it could.