Julianus, Digest, Book IX. Where a slave belonging to several persons commits a theft and all his owners fraudulently manage to avoid having him in their power, the Prætor ought to follow the form of the civil action, and allow the equitable action which he promises in an instance of this kind to be brought against whichever owner the plaintiff may select; and he should not afford the plaintiff any greater advantage than to enable him to bring an action, without the defendant having the right to surrender the slave by way of reparation; since he would have been able to institute proceedings in a noxal action if the slave had been produced in court. 1Where anyone acknowledges that a slave is his own who really belongs to another; then, although he is liable to a noxal action, nevertheless, where proper cause is shown, he can be compelled to give security; but where a party is sued on account of his own slave, he should not be burdened with security, as he is not volunteering in the defence of a slave belonging to another. 2Where anyone states that the owner of a slave had acted fraudulently to avoid having said slave in his possession, and the owner contends in court that the suit should be defended by someone else who would furnish security; there is ground here for an exception on the ground of malicious fraud. 3But if, after issue has been joined with the owner, the slave should appear, and because he was not defended is taken away; the owner will be discharged if he interposes an exception on the ground of malicious fraud. 4Where, however, the slave dies before issue is joined, the owner will not be held liable in this action at all.

Julianus, Digest, Book IX. Where an action for production is brought against the party who was neither in possession nor was guilty of fraud to avoid having possession, and after his death his heir has possession of the property, the latter can be compelled to produce it; for if I bring suit against a man for a tract of land, and his heir comes into possession of it under the same title, he can be compelled to surrender it.

Julianus, Digest, Book IX. The same rule prevails where I wish to sue anyone who is in possession of property belonging to an estate; because if I should bring an action to recover the estate from you, and prove that it is mine, nevertheless, if I brought suit against another person it would be necessary for me to prove the same thing.

Julianus, Digest, Book IX. Where anyone buys property from a person who is not its owner, and is afterwards discharged from liability when the owner himself brings suit to recover it, and the purchaser then loses possession of the property, and institutes proceedings to recover it from the owner who has obtained possession of the same, the latter can have recourse to an exception on the ground that the property belongs to him, and the other can reply that it has not been decided to be his.