Pomponius, On Sabinus, Book XVIII. A party who has an usufruct in a slave has for this reason a right of action for theft against the mere owner, just as if he were any other person, but no right of action exists against him although the slave is in his service; and therefore, if judgment is rendered against the owner, he will be discharged from liability by surrendering the slave to the usufructuary.

The Same, On Sabinus, Book XVIII. Treasure which belongs to me is buried in your land and you will not permit me to dig it up. So long as you do not remove it from the place in which it is, Labeo says that I am not legally entitled to an action for theft, or to one for production on this account, because you were not in possession of the said treasure, nor have you acted fraudulently in order to avoid having possession of the same, since it may be that you do not know that the treasure is in your land. It is not unjust, however, where I make oath that I do not assert this claim for purpose of annoyance, if an interdict or a judgment should be granted to the effect that you shall not employ force against me to hinder me from digging up, raising, and removing the said treasure, if I take no steps to prevent security for the avoidance of threatened injury being furnished you, on account of my acts. Where, however, the treasure is stolen property, I am entitled to an action for theft.

Pomponius, On Sabinus, Book XVIII. If, before an estate has been entered upon, I answered that a slave belonging to the estate is mine, I am liable; because an estate is considered the same as an owner. 1Where a party who is interrogated in court confesses that a slave is his, and the slave then dies, the party who answered is not liable; just as he would not have been liable after the death of said slave if he had belonged to him.

The Same, On Sabinus, Book XVIII. When, having been assured by your debtor that you will receive the money he owes you immediately, you return him the property pledged, and he passes it out a window to some one whom he purposely stationed there to receive it; Labeo says that you can bring an action for theft, and also one for production against your debtor; and if you bring a counter action on pledge, and the debtor interposes an exception on the ground that the property pledged has been returned, a replication can be filed based on bad faith and fraud; since it is understood that the article was not returned but was removed by artifice.

Pomponius, On Sabinus, Book XVIII. When you return a slave to me, you are not obliged to guarantee that he is not liable for any thefts or damages, except where he has committed them by your order, or by that of the party to whom you may have sold him.