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The Institutes of Justinian by Unknown
page 54 of 272 (19%)
and honey out of which it was compounded. But if a man
makes a new object out of materials which belong partly to
him and partly to another -- for instance, mead of his own
wine and another's honey, or a plaster or eyesalve of drugs
which are not all his own, or cloth of wool which belongs
only in part to him -- in this case there can be no doubt that
the new object belongs to its creator, for he has contributed
not only part of the material, but the labour by which it was
made. 26 If, however, a man weaves into his own cloth
another man's purple, the latter, though the more valuable,
becomes part of the cloth by accession; but its former owner
can maintain an action of theft against the purloiner, and also
a condiction, or action for reparative damages, whether it
was he who made the cloth, or some one else; for although
the destruction of property is a bar to a real action for its
recovery, it is no bar to a condiction against the thief and
certain other possessors. 27 If materials belonging to two
persons are mixed by consent -- for instance, if they mix their
wines, or melt together their gold or their silver -- the result
of the mixture belongs to them in common. And the law is
the same if the materials are of different kinds, and their mix-
ture consequently results in a new object, as where mead is
made by mixing wine and honey, or electrum by mixing gold
and silver; for even here it is not doubted that the new object
belongs in common to the owners of the materials. And if it
is by accident, and not by the intention of the owners, that
materials have become mixed, the law is the same, whether
they were of the same or of different kinds. 28 But if the
corn of Titius has become mixed with yours, and this by
mutual consent, the whole will belong to you in common,
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