[PAULUS libro quadragensimo octauo ad edictum. ] §11.1.10.prNon alienum est eum, a quo damni infecti stipulari uelimus, interrogare in iure, an aedes eius uel locus sit, ex quo damnum timeatur, et pro qua parte, ut, si neget suum praedium esse nec caueat damni infecti, aut cedere aut, resistendum putauerit, quasi dolo uersatus tradere compellatur.
[PAULUS, from the forty-eighth book on the Edict.] It is not out of place to interrogate in court the person from whom we wish to stipulate security against threatened damage, as to whether the building or place from which damage is feared belongs to him, and for what share, so that, if he denies that the estate is his and does not provide security against threatened damage, he may be compelled either to withdraw or, if he thinks he should resist, to deliver it up as if he had acted with malice.