[PAULUS libro tertio quaestionum. ] §49.14.21.prTitius, qui mihi sub pignoribus pecuniam debebat, cum esset fisci debitor, soluit mihi quae debebat: postea fiscus iure suo usus abstulit mihi pecuniam.
[PAULUS, Questions, Book 3.] Titius, who owed me money under pledge, being also a debtor to the treasury, paid me what he owed. Afterwards, the treasury, exercising its own right, took the money away from me.
quaerebatur, an liberata essent pignora.
It was asked whether the pledges were released.
§49.14.21.1Marcellus recte existimabat, si id quod mihi solutum est fiscus abstulit, non competere pignorum liberationem.
Marcellus rightly thought that if the treasury took away that which had been paid to me, the release of the pledges does not take place.
neque differentiam admittendam esse existimo interesse putantium, id ipsum quod solutum est an tantundem repetatur.
And I do not think that we should admit the distinction of those who think that it makes a difference whether the very thing that was paid or an equivalent amount is reclaimed.