[IDEM libro trigensimo secundo ad Sabinum. ] §41.10.4.prSi ancillam furtiuam emisti fide bona ex ea natum et apud te conceptum est ita possedisti, ut intra constitutum usucapioni tempus cognosceres matrem eius furtiuam esse, Trebatius omni modo, quod ita possessum esset, usucaptum esse.
[THE SAME, from his thirty-second book on Sabinus.] If you bought a stolen female slave in good faith and possessed the child born of her and conceived while in your keeping in such a way that, within the time established for usucapion, you came to know that her mother was stolen, Trebatius thought that what was so possessed was acquired by usucapion in every case.
ego sic puto distinguendum, ut, si nescieris intra statutum tempus, cuius id mancipium esset, aut si scieris neque potueris certiorem dominum facere, aut si potueris quoque et feceris certiorem, usucaperes: sin uero, cum scires et posses, non feceris certiorem, contra esse: tum enim clam possedisse uideberis, neque idem et pro suo et clam possidere potest.
I think a distinction should be made as follows: if you did not know within the prescribed time whose slave it was, or if you knew but could not inform the owner, or if you could also inform the owner and did so, you would acquire by usucapion; but if, when you knew and were able to, you did not inform the owner, the contrary is true; for then you will be deemed to have possessed secretly, and the same person cannot possess both as his own and secretly.
§41.10.4.1Si pater cum filiis bona quae habebat partitus sit et ex ea causa post mortem patris ea teneant, quod inter eos conueniret, ut ea diuisio rata esset: usucapio his procedet pro suo in his rebus, quae alienae in bonis patris inueniuntur.
If a father partitioned the property he had with his sons, and on that ground they hold it after the father's death because it was agreed between them that the partition should be valid, usucapion as his own will proceed for them in those things which are found to belong to another in the father's estate.
§41.10.4.2Quod legatum non sit, ab herede tamen perperam traditum sit, placet a legatario usucapi, quia pro suo possidet.
What was not bequeathed, but was nevertheless delivered by the heir by mistake, it is held that it is acquired by usucapion by the legatee, because he possesses it as his own.