[POMPONIUS libro trigensimo secundo ad Sabinum. ] §41.4.6.prQui, cum pro herede uel pro emptore usucaperet, precario rogauit, usucapere non potest: quid porro inter eas res interest, cum utrubique desinat ex prima causa possidere, qui precario uult habere?
[POMPONIUS, On Sabinus, book 32] He who, while he was usucapting either as heir or as purchaser, requested the property on sufferance, cannot usucapt; furthermore, what difference is there between these cases, since in either case he who wishes to hold on sufferance ceases to possess on the basis of his original title?
§41.4.6.1Si ex decem seruis, quos emerim, aliquos putem alienos et qui sint sciam, reliquos usucapiam: quod si ignorem, qui sint alieni, neminem usucapere possum.
If, out of ten slaves whom I bought, I should think some belong to another, and I know which ones they are, I would usucapt the remainder; but if I do not know which ones belong to another, I can usucapt none of them.
§41.4.6.2Post mortem eius, qui hominem emerit, expleto tempore, quod defuisset ad usucapionem, quamuis eum hominem heres possidere non coepisset, fiet tamen eius: sed ita hoc, si nemo eum possedisset.
After the death of him who bought a slave, when the time that was lacking for usucapion has expired, even though the heir has not begun to possess that slave, he nevertheless becomes his owner; but this is so only if no one else has possessed him.