[IULIANUS libro quadragensimo nono digestorum. ] §43.33.1.prSi colonus ancillam in fundo pignoris nomine duxerit et eam uendiderit, quod apud emptorem ex ea natum est, eius adprehendendi gratia utile interdictum reddi oportet.
[JULIANUS in the forty-ninth book of the Digests.] If a tenant has brought a female slave onto a land by way of pledge and has sold her, a useful interdict ought to be granted for the purpose of taking possession of what was born of her while she was in the hands of the buyer.
§43.33.1.1Si colonus res in fundum duorum pignoris nomine intulerit, ita ut utrique in solidum obligatae essent, singuli aduersus extraneum Saluiano interdicto recte experientur: inter ipsos uero si reddatur hoc interdictum, possidentis condicio melior erit.
If a tenant has brought things into the land of two landlords by way of pledge, in such a way that they were obligated to both for the whole amount, each of them will rightly sue a third party by the Salvian interdict; but if this interdict is granted between themselves, the condition of the one in possession will be better.
at si id actum fuerit, ut pro partibus res obligaretur, utilis actio et aduersus extraneos et inter ipsos dari debebit, per quam dimidias partes possessionis singuli adprehendent.
On the other hand, if it was agreed that the things should be pledged in proportion to their shares, a useful action ought to be granted both against third parties and between themselves, through which each will take possession of a half share of the possession.
§43.33.1.2Idem seruari conueniet et si colonus rem, quam cum alio communem habebat, pignoris nomine induxerit, scilicet ut pro parte dimidia pignoris persecutio detur.
It will be appropriate that the same rule be observed also if a tenant has brought in by way of pledge a thing which he held in common with another person, namely, so that the pursuit of the pledge is granted in proportion to a half share.