[PAULUS libro uicensimo primo ad edictum. ] §6.1.4.prQuo quidem casu etiam communi diuidundo agi poterit: sed et furti et ad exhibendum tenebitur, qui dolo malo confundendum id argentum curauit: ita ut in ad exhibendum actione pretii ratio haberi debeat, in uindicatione uel communi diuidundo actione hoc amplius ferat, cuius argentum pretiosius fuerat.
[PAULUS, in the twenty-first book on the Edict.] In which case indeed, an action can also be brought for the division of common property; but he who, by malicious intent, took care that the silver should be mixed together, shall be held liable both for theft and for production; so that in the action for production, account must be taken of the price, and in the claim for recovery or the action for the division of common property, he whose silver was of greater value shall receive that much more.