Pomponius, On Quintus Mucius, Book VI. Where the use of a house is bequeathed to a woman, and she goes beyond sea and is absent for the time established by law for the loss of the use, but her husband uses the house, the use is, nevertheless, retained; just as if she had left her slaves in her house, and herself had travelled in foreign countries. This must be stated even more forcibly if a husband leaves his wife at home, where the use of the house was bequeathed to the husband himself.

Ad Dig. 12,6,51Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 426, Note 12.The Same, On Quintus Mucius, Book VI. In those cases in which we have a right of retention of property but no right of action to recover the same, if we deliver said property we cannot sue to recover it.

The Same, On Quintus Mucius, Book VI. If I stipulate for payment to myself or to Titius, and Titius should die, you cannot pay his heir. 1If Titius should deposit a dish in my hands, and die leaving several heirs, and some of them notify me to deliver it, the best thing will be for the Prætor, after having been applied to, to order me to deliver the dish to some of the heirs, under which circumstances I will not be liable for the deposit to the remaining ones; but if I deliver it, in good faith and without having been ordered to do so by the Prætor, I will be released; or, what is more true, I will not be liable to the obligation resulting from the deposit. The best course to pursue, however, is to do this by the order of the magistrate.

The Same, On Quintus Mucius, Book VI. The interest on money which we collect is not included in the term “profits,” because it is not derived from the property itself, but from another source, that is to say, from a new obligation.