they are apparently born alive, if they do not in fact survive so long as to rebut this presumption of law, they cannot inherit, so as to transmit the property to others. Marsellis v. Thalhimer, 2 Paige (N. Y.) 41, 21 Am.

Lat. In the Roman law, stipulatio was the verbal contract, (verbis obligatio,) and was the most solemn and formal of all the contracts in that system of jurisprudence. It was entered into by ques-: tion and corresponding answer thereto, by the parties, both being present at the same time, and usually by such words as “spondesf spondeo,” “promittis? promitto,” and the like. Brown.