[ULPIANUS libro uicesimo nono ad Sabinum. ] §21.2.17.prUindicantem uenditorem rem, quam ipse uendidit, exceptione doli posse summoueri nemini dubium est, quamuis alio iure dominium quaesierit: improbe enim rem a se distractam euincere conatur.
[ULPIANUS, Commentary on Sabinus, Book Twenty-Nine.] There is no doubt to anyone that a seller who claims a property which he himself has sold can be barred by the plea of fraud, even though he has acquired the ownership by some other title; for he dishonestly attempts to evict property which has been sold by himself.
eligere autem emptor potest, utrum rem uelit retinere intentione per exceptionem elisa, an potius re ablata ex causa stipulationis duplum consequi.
Moreover, the buyer can choose whether he wishes to retain the property, the seller's claim being defeated by the plea, or rather, the property being taken away, to obtain double value under the stipulation.