[AFRICANUS libro sexto quaestionum. ] §9.4.28.prEt generaliter si alieni serui nomine, qui tibi iustam seruitutem seruiret, noxali tecum egerim tuque eum mihi noxae dederis: siue me possidente dominus eum uindicet, exceptione doli mali, nisi litis aestimationem offerat, eum summouere possum, siue ipse possideat, Publiciana mihi datur, et aduersus excipientem 'si dominus eius sit' utilem mihi replicationem doli mali profuturam et secundum haec usu quoque me capturum, quamuis sciens alienum possideam: alioquin si aliter constituatur, futurum, ut summa iniquitate bonae fidei possessor adficiatur, si, cum ipso iure noxalis actio aduersus eum competit, necessitas ei imponatur, ut litis aestimationem sufferat.
[AFRICANUS, Book 6 of Questions] And generally, if I bring a noxal action against you on account of another's slave who was performing just service to you, and you surrender him to me as noxal: if, while I am in possession, the owner claims him, I can repel him by the exception of malice, unless he offers the estimated value of the litigation; or if he himself is in possession, the Publician action is granted to me, and against him who raises the exception 'if he is the owner of it,' a useful replication of malice will benefit me, and accordingly I shall also acquire him by usucapion, even though I possess him knowing him to belong to another. Otherwise, if it were decided differently, it would happen that the bona fide possessor would be affected with the greatest inequity, if, when the noxal action lies against him by operation of law, a necessity were imposed on him to bear the estimated value of the litigation.
eademque dicenda sunt et si, cum ab eo non defenderetur, iussu praetoris eum duxerim, quoniam isto quoque casu iustam causam possidendi habeo.
And the same must be said even if, when the slave was not defended by him, I took him away by order of the praetor, since in this case also I have a just cause for possession.