[CELSUS libro quarto digestorum. ] §5.3.45.prQui se liti optulit, cum rem non possideret, condemnatur, nisi si euidentissimis probationibus possit ostendere actorem ab initio litis scire eum non possidere: quippe isto modo non est deceptus et qui se hereditatis petitioni optulit ex doli clausula tenetur: aestimari scilicet oportebit, quanti eius interfuit non decipi.
[CELSUS in his fourth book of the Digests.] He who has offered himself for a lawsuit, although he did not possess the property, is condemned, unless he can show by the most evident proofs that the plaintiff knew from the beginning of the lawsuit that he did not possess it: for in this way the plaintiff has not been deceived, and he who has offered himself for a petition of inheritance is held liable under the clause of fraud; it will, of course, have to be estimated how much it concerned him not to be deceived.