Pomponius, On Sabinus, Book XXX. Servius gave it as his opinion that where all material destined for any purpose has been bequeathed, no boxes or chests are embraced in the legacy.

Pomponius, On Sabinus, Book XXX. It must be admitted that if you add any silver belonging to another to a mass of that metal of which you are the owner, all of it will not belong to you. On the other hand, if you solder your cup with lead or silver belonging to another, there is no doubt that the cup will be yours, and that you can legally recover it by an action. 1Where several drugs belonging to different persons are contributed at the same time, and a similar remedy is compounded of them or where you make an ointment by combining different perfumes, none of the former owners can, in this instance, properly claim that the product belongs to him; therefore it is best to hold that it belongs to the one in whose name it was made. 2Where two parts of an article belonging to different owners are soldered together, the question arises, to whom do they belong? Cassius says that this must be determined in accordance with the size or the value of each of the parts; but if neither one can be considered as accessory to the other, let us see whether it cannot be considered as a mass which has been melted, or whether it will belong to him in whose name the parts were soldered together. Both Proculus and Pegasus hold that each part will belong to the person who owned it before it was soldered to the other.

The Same, On Sabinus, Book XXX. Ad Dig. 41,3,30 pr.Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 138, Noten 1, 3.It is asked whether a mixture of different things interrupts the usucaption which has begun to run with reference to each of them. There are three kinds of things which can be divided; first, those which are included in a substance of the same nature, styled by the Greeks hynwmenon, that is to say united, as a slave, a piece of timber, a stone, and other property of this kind. Second, things which are joined by contact, that is to say, which have coherence, and are connected, as a house, a ship, a cupboard. Third, such as are formed of distinct objects, as different bodies which are not united but are included under a single appellation, for instance, a people, a legion, a flock. No question can arise with reference to the usucaption of the first of these, but there is doubt as far as the second and third are concerned. 1Ad Dig. 41,3,30,1Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 152, Note 6.Labeo, in the Book of Epistles, says that where anyone who has only ten days left, in which to acquire the usucaption of tiles or columns, uses them in building a house, he will still be entitled to them by usucaption if he has possession of the house. What course must be pursued in case that articles are not joined to the soil, but remain movable property, as a precious stone set in a ring? In this instance, it is true that both the gold and the precious stone are in possession, and can be acquired by usucaption, if possession of both continues to exist. 2Let us take into consideration the third class of things. An entire flock is not acquired by usucaption in the same way as distinct articles, or as those which are united, are. What, then, must be done? Although the nature of a flock is that it continues to exist by the addition of new animals, usucaption, nevertheless, cannot take place with respect to the flock as a whole, but it follows the same rule as possession, which applies to the separate individuals composing it. For if other animals are purchased and mingled with the flock for the purpose of increasing it, the title to the latter by possession will not be changed; so that if the remainder of the flock belongs to me, the sheep which have been purchased are also mine; but each of the latter will be held by its own title, so that if any of those included in the flock have been stolen, they cannot be acquired by usucaption.

Pomponius, On Sabinus, Book XXX. Anyone shall be permitted to avail himself of the benefit of public property intended for the use of all, as, for instance, the public highways and roads; and therefore, on the demand of any person whomsoever, interference with them may be forbidden.

Pomponius, On Sabinus, Book XXX. By the term “hut,” every building erected for the purpose of protecting the crops on a farm, and not a house in town, is meant. 1Ofilius says that the word tugurium is derived from a roof, as a place is said to be covered with tiles; just as toga is so called because we use it as a covering.