[IDEM libro quinto responsorum. ] §42.8.22.prCum in uetus creditum unus creditor pignora accepisset, quaero, an in fraudem ceterorum creditorum factum nullius momenti esset.
[THE SAME in the fifth book of Responses.] When one creditor had accepted pledges for an old debt, I ask whether what was done to the defraud of the other creditors was of no moment.
respondit creditorem non idcirco prohibendum a persecutione pignorum, quod, in uetus creditum ut obligaretur, pactus esset, nisi id in fraudem ceterorum creditorum factum sit et ea uia iuris occurratur, qua creditorum fraudes rescindi solent.
He replied that the creditor was not therefore to be barred from the pursuit of his pledges because he had agreed that they should be bound for an old debt, unless this was done to the defraud of the other creditors and was opposed by that course of law by which fraud on creditors is accustomed to be rescinded.