[IDEM libro octauo decimo ad Sabinum. ] §13.7.3.prSi quasi recepturus a debitore tuo comminus pecuniam reddidisti ei pignus isque per fenestram id misit excepturo eo, quem de industria ad id posuerit, Labeo ait furti te agere cum debitore posse et ad exhibendum: et, si agente te contraria pigneraticia excipiat debitor de pignore sibi reddito, replicabitur de dolo et fraude, per quam nec redditum, sed per fallaciam ablatum id intellegitur.
[THE SAME, on Sabinus, Book XVIII] If, as if you were about to receive money from your debtor on the spot, you delivered the pledge to him, and he threw it through a window to the person who was to catch it, whom he had purposely stationed for that purpose, Labeo says that you can bring an action for theft and an action for production against the debtor; and if, while you are bringing an action, the debtor should raise a defense based on the pledge having been returned to him, by means of a contrary pledge action, a replication concerning malice and fraud will be pleaded, through which it is understood that the thing was not returned, but taken away by trickery.