[IDEM libro secundo ad Urseium Ferocem. ] §23.4.22.prQuidam fundum dotis causa ab uxore sua acceperat interque eos conuenerat, ut mercedes eius fundi uir uxori annui nomine daret: deinde eum fundum uir matri mulieris certa pensione colendum locauerat eaque, cum mercedes eius fundi deberet, decesserat et filiam suam solam heredem reliquerat et diuortium factum erat: uir deinde petebat a muliere mercedes, quas mater debuerat.
[THE SAME, from the second book on Urseius Ferox.] A certain man had received a tract of land from his wife as a dowry, and it had been agreed between them that the husband should give the rent of this land to his wife under the name of an annuity. Subsequently, the husband had leased this land to the woman's mother to be cultivated for a certain rent; and she, while she owed the rent of this land, died, leaving her daughter as her sole heir, and a divorce took place. The husband then demanded from the woman the rent which her mother had owed.
placuit exceptionem mulieri dari non debere 'ac si inter se et uirum non conuenisset, ut hae mercedes sibi alimentorum nomine darentur', cum futurum sit, ut quodammodo donationes inter uirum et uxorem confirmentur: nam quod annui nomine datur, species est donationis.
It was held that a plea (exceptio) ought not to be granted to the woman "as if it had not been agreed between her and her husband that this rent should be given to her under the name of maintenance," since the result would be that, in a certain way, donations between husband and wife would be validated; for what is given under the name of an annuity is a species of donation.