[NERATIUS libro quinto membranarum. ] §24.1.44.prSi extraneus rem uiri ignorans eius esse ignoranti uxori, ac ne uiro quidem sciente eam suam esse, donauerit, mulier recte eam usucapiet.
[NERATIUS in the fifth book of parchments.] If a third party, not knowing that a thing belongs to a husband, should donate it to his wife who is also ignorant of this, and without even the husband knowing that it is his own, the wife will rightfully acquire it by usucaption.
idemque iuris erit, si is, qui in potestate uiri erat, credens se patrem familias esse uxori patris donauerit.
The same rule of law will apply if a person who was in the power of a husband, believing himself to be the head of a family, should donate to his father's wife.
sed si uir rescierit suam rem esse, priusquam usucapiatur, uindicareque eam poterit nec uolet et hoc et mulier nouerit, interrumpetur possessio, quia transiit in causam ab eo factae donationis.
But if the husband, before it is acquired by usucaption, discovers that the thing is his own, and is able to reclaim it but does not wish to do so, and the wife also knows this, the possession will be interrupted, because it has passed into the category of a donation made by him.
ipsius mulieris scientia propius est, ut nullum adquisitioni dominii eius adferat impedimentum: non enim omnimodo uxores ex bonis uirorum, sed ex causa donationis ab ipsis factae adquirere prohibitae sunt.
It is more correct to hold that the knowledge of the wife herself brings no impediment to her acquisition of ownership; for wives are not prohibited from acquiring from the property of their husbands in every possible way, but only from acquiring on account of a donation made by the husbands themselves.