[NERATIUS libro tertio membranarum. ] §10.2.54.prEx hereditate Lucii Titii, quae mihi et tibi communis erat, fundi partem meam alienaui, deinde familiae erciscundae iudicium inter nos acceptum est.
[NERATIUS, from the third book of Parchments.] From the inheritance of Lucius Titius, which was common to me and you, I alienated my share of a tract of land, and afterwards an action for the partition of an inheritance was accepted between us.
neque ea pars quae mea fuit in iudicio ueniet, cum alienata de hereditate exierit, neque tua, quia etiamsi remanet in pristino iure hereditariaque est, tamen alienatione meae partis exit de communione.
Neither that share which was mine will come into the judgment, since by being alienated it has departed from the inheritance, nor will yours; because, even though it remains in its pristine status and is part of the inheritance, yet by the alienation of my share it departs from the common ownership.
utrum autem unus heres partem suam non alienauerit an plures, nihil interest, si modo aliqua portio alienata ab aliquo ex heredibus hereditaria esse desiit.
Furthermore, whether one heir did not alienate his share, or several did not, makes no difference, provided that some portion, having been alienated by one of the heirs, has ceased to be part of the inheritance.