[IAUOLENUS libro quinto decimo ex Cassio. ] §47.2.72.prSi is, cui commodata res erat, furtum ipsius admisit, agi cum eo et furti et commodati potest: et, si furti actum est, commodati actio exstinguitur, si commodati, actioni furti exceptio obicitur.
[JAVOLENUS in the fifteenth book from Cassius.] If he, to whom a thing had been lent for use, committed a theft of the thing itself, an action can be brought against him both for theft and on the loan: and, if the action for theft has been brought, the action on the loan is extinguished; but if the action on the loan has been brought, an objection is opposed to the action for theft.
§47.2.72.1Eius rei, quae pro herede possidetur, furti actio ad possessorem non pertinet, quamuis usucapere quis possit, quia furti agere potest is, cuius interest rem non subripi, interesse autem eius uidetur qui damnum passurus est, non eius qui lucrum facturus esset.
An action for theft of a thing which is possessed as heir does not belong to the possessor, although anyone can acquire it by usucapion, because he can bring an action for theft whose interest it is that the thing should not be stolen, and his interest is seen to be who is about to suffer loss, not his who would make a gain.