[IULIANUS libro septimo digestorum. ] §22.1.25.prQui scit fundum sibi cum alio communem esse, fructus, quos ex eo perceperit inuito uel ignorante socio, non maiore ex parte suos facit quam ex qua dominus praedii est: nec refert, ipse an socius an uterque eos seuerit, quia omnis fructus non iure seminis, sed iure soli percipitur: et quemadmodum, si totum fundum alienum quis sciens possideat, nulla ex parte fructus suos faciet, quoquo modo sati fuerint, ita qui communem fundum possidet, non faciet suos fructus pro ea parte, qua fundus ad socium eius pertinebit.
[JULIANUS, from his seventh book of the Digests.] He who knows that a tract of land is common to himself and another, does not make the fruits which he has gathered therefrom against the will or without the knowledge of his partner his own to any greater extent than the share in respect of which he is the owner of the land; nor does it matter whether he himself, or his partner, or both of them sowed them, because all fruit is gathered not by right of the seed, but by right of the soil. And just as, if anyone knowingly possesses the whole of another's land, he will not make the fruits his own to any extent, in whatever way they were sown, so he who possesses a common tract of land will not make the fruits his own in respect of that share by which the land belongs to his partner.
§22.1.25.1In alieno fundo, quem Titius bona fide mercatus fuerat, frumentum seui: an Titius bona fidei emptor perceptos fructus suos faciat? respondi, quod fructus qui ex fundo percipiuntur intellegi debet propius ea accedere, quae serui operis suis adquirunt, quoniam in percipiendis fructibus magis corporis ius ex quo percipiuntur quam seminis, ex quo oriuntur aspicitur: et ideo nemo umquam dubitauit, quin, si in meo fundo frumentum tuum seuerim, segetes et quod ex messibus collectum fuerit meum fieret.
On another's land, which Titius had purchased in good faith, I sowed wheat; does Titius, the bona fide purchaser, make the gathered fruits his own? I answered: it ought to be understood that the fruits gathered from land come closer to those things which slaves acquire by their own labor, since in gathering fruits, the right of the body from which they are gathered is regarded more than that of the seed from which they spring. And therefore, no one has ever doubted that, if I sowed your wheat on my land, the crops and what is collected from the harvest would become mine.
porro bonae fidei possessor in percipiendis fructibus id iuris habet, quod dominis praediorum tributum est.
Furthermore, a bona fide possessor has the same right in gathering fruits as is granted to the owners of lands.
praeterea cum ad fructuarium pertineant fructus a quolibet sati, quanto magis hoc in bonae fidei possessoribus recipiendum est, qui plus iuris in percipiendis fructibus habent? cum fructuarii quidem non fiant, antequam ab eo percipiantur, ad bonae fidei autem possessorem pertineant, quoquo modo a solo separati fuerint, sicut eius qui uectigalem fundum habet fructus fiunt, simul atque solo separati sunt.
Moreover, since fruits sown by anyone belong to the usufructuary, how much more should this be admitted in the case of bona fide possessors, who have greater rights in gathering fruits? Since, indeed, they do not become the usufructuary's before they are gathered by him, whereas they belong to the bona fide possessor in whatever way they have been separated from the soil, just as the fruits of him who has a vectigal land become his as soon as they are separated from the soil.
§22.1.25.2Bonae fidei emptor seuit et antequam fructus perciperet, cognouit fundum alienum esse: an perceptione fructus suos faciat, quaeritur.
A bona fide purchaser sowed, and before he gathered the fruits, he found out that the land belonged to another; it is asked whether he makes the fruits his own by gathering them.
respondi: bonae fidei emptor quod ad percipiendos fructus intellegi debet, quamdiu euictus fundus non fuerit: nam et seruus alienus quem bona fide emero tamdiu mihi ex re mea uel ex operis suis adquiret, quamdiu a me euictus non fuerit.
I answered: a bona fide purchaser, so far as gathering fruits is concerned, ought to be understood as such as long as the land has not been evicted; for also a slave belonging to another whom I have purchased in good faith will acquire for me from my property or from his own labor as long as he has not been evicted from me.