Pomponius, On Sabinus, Book XIX. You are entitled to an action under the Lex Aquilia on account of damage committed against an estate before you entered upon it as heir, even though this took place after the death of the party whose heir you are; for the Lex Aquilia designates as owner not merely the person who was so at the time when the damage was committed; for under these circumstances the right of action could not pass to him from the party whose heir he was, since this would be the same case as where you have been in the power of the enemy and, having returned, can not bring suit under the right of postliminium for what had taken place during your captivity; and no other rule than this can be established without great disadvantage to posthumous children who become the heirs of their parents. We hold that the same rule applies with reference to trees which have been cut by stealth during the same time. I am of the opinion that this also applies to the proceeding Quod vi aut clam, provided the party committed the act after he had been notified not to do so, or it is apparent that he should have known that he would have been notified by the parties to whom the estate belonged if they had been aware of what he was going to do.

Pomponius, On Sabinus, Book XIX. The same rule of law applies whether it was agreed that no sale should be made at all, or where something has been done in violation of the agreement, either with reference to the amount, the condition, or the place where the property was to be sold.

The Same, On Sabinus, Book XIX. Where he who stipulated with the purchaser that the slave was free from liability for theft or damages, and he from whom the slave stole the property becomes the heir of the purchaser, he will immediately be entitled to an action under the stipulation, just as if he himself had made good the amount of a theft committed against someone else.

The Same, On Sabinus, Book XIX. Cassius says that if I have given money to anyone to enable him to pay my creditor, and he pays it in his own name, neither of the parties will be released. I will not be, because it was not paid in my name, and he will not be, because he paid what was belonging to another, but he will be liable under the mandate. If, however, the creditor should spend the money without being guilty of fraud, he who paid it in his own name will be released, for fear that, if it were decided otherwise, the creditor might profit by the transaction.

Pomponius, On Sabinus, Book XIX. If anyone should receive an article for the purpose of transporting it, knowing it to have been stolen, it is established that if he is arrested with it in his possession, he alone is the manifest thief, but if he was not aware that it had been stolen, neither of the parties is a manifest thief; the latter because he is not a thief, and the thief himself, because he was not arrested with the goods in his possession. 1If one of your slaves has drunk and carried away wine, and another has been caught drinking the wine, you will hold the former liable for non-manifest theft, and the latter for manifest theft.

Pomponius, On Sabinus, Book XIX. If you follow a tame peacock which has escaped from my house until he is lost, I can bring an action for theft against you, as soon as anyone seizes it.

Pomponius, On Sabinus, Book XIX. If, by order of a debtor, a false agent should receive money from another, a debtor of the said debtor, he will be liable to the debtor for theft, and the money will belong to the latter. 1If I deliver my property to you as yours, and you know that it is mine, the better opinion is to hold that you are guilty of theft, if you did this with the intention of profiting by it. 2If a slave belonging to an estate which has not yet been accepted, steals something from the heir, and is manumitted by the will of his master, an action for theft will lie against him, because the heir was at no time his master.