[PAPINIANUS libro secundo responsorum. ] §27.3.20.prAlterius curatoris heredem minorem ut maiore pecunia condemnatum in integrum restitui placuit.
[PAPINIAN, Opinions, Book 2] It was held that the minor heir of the other curator should be restored to his original condition as having been condemned in a larger sum of money.
ea res materiam litis aduersus alterum curatorem instaurandae non dabit quasi minore pecunia condemnatum, si non sit eius aetatis actor, cui subueniri debeat: sed aequitatis ratione suadente per utilem actionem ei subueniri, in quantum alter releuatus est, oportet.
This fact will not give ground for initiating a lawsuit against the other curator as if he had been condemned in a smaller sum, if the plaintiff is not of that age which ought to be relieved; but since the principle of equity so persuades, he ought to be relieved by a beneficial action to the extent that the other has been discharged.
§27.3.20.1Non idcirco actio, quae post uiginti quinque annos aetatis intra restitutionis tempus aduersus tutorem minore pecunia tutelae iudicio condemnatum redditur, inutilis erit, quod adulescenti curatores ob eam culpam condemnati sunt: itaque si non iudicatum a curatoribus factum est, per doli exceptionem curatores consequi poterunt eam actionem praestari sibi.
An action which, after twenty-five years of age and within the time for restitution, is granted against a guardian who was condemned in a smaller sum in the guardianship trial, will not be useless for the reason that the curators were condemned to the youth because of that fault; therefore, if the judgment has not been satisfied by the curators, they will be able to obtain, by means of an exception of fraud, that the said action be made over to them.