Pomponius, On Sabinus, Book XXXI. Where the possessor of land has cultivated or planted it, and the land is subsequently recovered by a suit, he cannot remove what he planted.

The Same, On Sabinus, Book XXXI. If silver plate has been bequeathed to me by will, and I bring an action against the heir to recover it, and it should afterwards be ascertained that the testator had also bequeathed to me his wardrobe by a codicil, the latter legacy will not be affected by the former decision, because neither the parties to the suit, nor the judge, understood that anything was in dispute except the silver plate. 1Ad Dig. 44,2,21,1Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 137, Note 6.If I bring suit to recover a flock of sheep, and I am defeated, and the flock either increases or diminishes in number, and I again bring an action to recover the same flock, an exception can effectually be interposed against me. If I bring suit for any one of the animals composing the flock, and it is present as part of the same, I think that the exception will still operate as a bar. 2Ad Dig. 44,2,21,2Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 130, Note 14.If you bring an action against anyone to recover Stichus and Pamphilus, whom you allege are your slaves, and your adversary is discharged from liability, and you again bring suit against him, claiming Stichus as your slave, it is established that you will be barred by an exception. 3If I bring an action for a tract of land which I allege to be mine, and afterwards bring one to recover the usufruct of the same, on the ground that, as the land belongs to me, its usufruct is also mine, I will be barred by an exception, because anyone who owns land cannot bring suit to recover the usufruct of it. If, however, I bring an action to recover the usufruct, as being mine, and afterwards, having obtained the ownership of the land, I again sue for the usufruct, it can be said that the case is different; as, after I obtained the land itself, the usufruct which I formerly enjoyed ceases to be mine as a servitude, and again becomes my property by the right of ownership, and, as it were, by a different title. 4If you become surety for my slave, and an action is brought against me on account of his peculium, and I gain the case, and afterwards an action is brought against you for the same cause, an exception on the ground of res judicata can be effectually pleaded.

Pomponius, On Sabinus, Book XXXV. Where anyone who has been appointed heir to a portion of an estate pays the entire sum of ten aurei which the deceased had promised, he will be released from liability for the share to which he is entitled as heir; and he can recover the remainder by a personal action. If, however, before he brings this action, the residue of the estate should accrue to him, he will also be liable for the balance; and therefore, if he brings a personal action to recover property which was not due, I think that he can be barred by an exception on the ground of fraud.