[PAULUS libro sexto ad Plautium. ] §42.1.19.prInter eos, quibus ex eadem causa debetur, occupantis melior condicio est nec deducitur, quod eiusdem condicionis hominibus debetur, sicuti fit in de peculio actione: nam et hic occupantis melior est causa.
[PAULUS, in the sixth book on Plautius.] Among those to whom debt is owed on the same ground, the position of the one who first takes legal action is better, and what is owed to persons of the same condition is not deducted, just as happens in the action concerning peculium; for here too, the cause of the one who first takes action is better.
sed et si cum patre patronoue agetur, non est deducendum aes alienum, maxime quod eiusdem condicionis personis debebitur, ut liberis libertis.
But even if the action is brought against a father or a patron, outstanding debt is not to be deducted, especially that which will be owed to persons of the same condition, such as children or freedmen.
§42.1.19.1Is quoque, qui ex causa donationis conuenitur, in quantum facere potest condemnatur et quidem is solus deducto aere alieno: et inter eos, quibus ex simili causa pecunia debetur, occupantis potior erit causa.
He also, who is sued on the ground of a gift, is condemned only to the extent of what he is able to perform, and indeed he is the only one who is so condemned after outstanding debt has been deducted; and among those to whom money is owed on a similar ground, the cause of the one who first takes legal action will be stronger.
immo nec totum quod habet extorquendum ei puto: sed et ipsius ratio habenda est, ne egeat.
Nay, I think that not even everything he has should be extorted from him; but consideration must also be had for his own person, lest he fall into want.