[POMPONIUS libro trigensimo ad Sabinum. ] §41.1.27.prQuidquid infecto argento alieni argenti addideris, non esse tuum totum argentum fatendum est: at contra si tuum scyphum alieno plumbo plumbaueris alienoue argento ferruminaueris, non dubitatur scyphum tuum esse et a te recte uindicari.
[POMPONIUS, On Sabinus, book 30] Whatever of another's silver you have added to unworked silver, it must be admitted that the whole silver is not yours; but on the contrary, if you have soldered your cup with another's lead or welded it with another's silver, there is no doubt that the cup is yours and is rightly claimed by you.
§41.1.27.1Ubi simul plura contribuuntur, ex quibus unum medicamentum fit, aut coctis odoribus unguenta facimus, nihil hic suum uere dicere potest prior dominus: quare potissimum existimari, cuius nomine factum sit, eius esse.
Where several ingredients are combined at the same time, from which one medicine is made, or we make ointments from boiled scents, here no former owner can truly call anything his own; wherefore it is best to consider that it belongs to him in whose name it was made.
§41.1.27.2Cum partes duorum dominorum ferrumine cohaereant, hae cum quaereretur utri cedant, Cassius ait pro portione rei aestimandum uel pro pretio cuiusque partis.
When parts belonging to two owners are joined by welding, and it is asked to which of the two they accede, Cassius says that it must be estimated according to the proportion of the thing or according to the price of each part.
sed si neutra alteri accessioni est, uideamus, ne aut utriusque esse dicenda sit, sicuti massa confusa, aut eius, cuius nomine ferruminata est.
But if neither is an accession to the other, let us see whether it should not be said either to belong to both, like a fused mass, or to him in whose name it was welded.
sed Proculus et Pegasus existimant suam cuiusque rem manere.
But Proculus and Pegasus think that each person's own property remains his own.