352/1 Brooker's Case, Godbolt, 376, 377, pl. 465.
352/2 Dyer, 1 b. Cf. Bain v. Cooper, 1 Dowl. Pr. C. N. s. 11, 12.
354 ([return])
354/1 In the American Law Review for October, 1872, VII. 49, 50, I mentioned one or two indications of this fact. But I have since had the satisfaction of finding it worked out with such detail and learning in Ihering's Geist des Roemischen Rechts, Sections 10, 48, that I cannot do better than refer to that work, only adding that for my purposes it is not necessary to go so far as Ihering, and that he does not seem to have been led to the conclusions which it is my object to establish. See, further, Clark, Early Roman Law, 109, 110; Laferriere, Hist. du Droit Frang., I. 114 et seq.; D. 1.5. 4, Section 3; Gaii Inst. IV. Section 16; ib. II. Section 69.
356 ([return])
356/1 Erbvertraege, I. 15 et seq.
356/2 Hist. du Droit Franc., IV. 500.
356/3 "Quantum dare voluerit aut totam furtunam eui voluerit dare . . . nec minus nec majus nisi quantum ei creditum est." Lex Sal. (Merkel), XLVI.