2: Book II, Of Things - I. Division of Things If the wheat of Titus is mixed with yours, when this takes place by mutual
consent, the mixed heap belongs to you in common because each body, that is, each grain,
which before was the property of one or other of you, has by your mutual consent been made
your common property; but, if the intermixture were accidental, or made by Titus without your
consent, the mixed wheat does not then belong to you both in common; because the grains still
remain distinct, and retain their proper substance. ...if either of you keep the whole quantity of
mixed wheat, the other has a real action (claim or suit] for the amount of wheat belonging to
him, but it is in the province of the judge to estimate the quantity [amount] of the wheat
belonging to each.
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