[PAULUS libro primo quaestionum. ] §4.2.17.prUideamus ergo, si heres, ad quem aliquid peruenerit, consumpserit id quod peruenit, an desinat teneri, an uero sufficit semel peruenisse? et, si consumpto eo decesserit, utrum aduersus heredem eius omnimodo competit actio, quoniam hereditariam suscepit obligationem, an non sit danda, quoniam ad secundum heredem nihil peruenit? et melius est omnimodo competere in heredem heredis actionem: sufficit enim semel peruenisse ad proximum heredem, et perpetua actio esse coepit: alioquin dicendum erit nec ipsum, qui consumpsit quod ad eum peruenit, teneri.
[PAULUS, Questions, Book I.] Let us therefore see, if an heir to whom something has come has consumed what came to him, whether he ceases to be liable, or whether it is enough that it has once come to him. And, if he dies after having consumed it, whether an action lies against his heir in any event, since the latter has assumed an hereditary obligation, or whether it should not be granted, since nothing came to the second heir? And it is better that the action should lie against the heir of the heir in any event; for it is enough that it has once come to the immediate heir, and the action has begun to be perpetual: otherwise it will have to be said that even the person himself who consumed what came to him is not liable.