[POMPONIUS libro tertio decimo ad Sabinum. ] §17.2.62.prSi Titius cum quo mihi societas erat decesserit egoque cum putarem Titii hereditatem ad Seium pertinere, communiter cum eo res uendiderim et partem pecuniae ex uenditione redactae ego, partem Seius abstulerit, te, qui re uera Titio heres es, partem ad me redactae pecuniae societatis iudicio non consecuturum Neratio et Aristoni placebat, quia meae dumtaxat partis pretia percepissem, neque interesse, utrum per se partes meas uendidissem an communiter cum eo, qui reliquas partes ad se pertinere diceret.
[POMPONIUS, in the thirteenth book on Sabinus.]\n\nIf Titius, with whom I had a partnership, has died, and I, thinking that Titius's inheritance belonged to Seius, have sold the property jointly with him, and I have taken a part of the money realized from the sale, and Seius has taken another part; it was the opinion of Neratius and Aristo that you, who are in truth Titius's heir, will not recover the part of the money realized by me by the action of partnership, because I have only received the price of my own share, and it makes no difference whether I had sold my shares by myself or jointly with one who said that the remaining shares belonged to him.
alioquin euenturum, ut etiam, si duo socii rem uendiderint, unusquisque quod ad se peruenerit partem alteri societatis iudicio praestare debeat.
Otherwise, it would happen that even if two partners have sold a thing, each would be obliged to perform to the other, by the action of partnership, a share of what came to him.
sed nec te ex parte, quam hereditatis petitione forte a Seio consecuturus sis, quicquam mihi praestare debere, quia quod ad Seium peruenerit, tuarum partium pretium sit nec ad me habentem meum quicquam ex eo redire debeat.
But neither ought you to perform anything to me from the share which you may perhaps recover from Seius by a petition for inheritance, because what came to Seius is the price of your shares, and nothing from it ought to return to me who hold my own.