fraud, provided that the possession of the painter be in good
faith; for it is clear, that if the board was stolen by the painter,
or some one else, from its former owner, the latter can bring
the action of theft.

35 If a man in good faith buys land from another who is not its
owner, though he believed he was, or acquires it in good faith
by gift or some other lawful title, natural reason directs that the
fruits which he has gathered shall be his, in consideration of his
care and cultivation: consequently if the owner subsequently
appears and claims the land by real action, he cannot sue for
fruits which the possessor has consumed. This, however, is
not allowed to one who takes possession of land which to his
knowledge belongs to another person, and therefore he is
obliged not only to restore the land, but to make compensation
for fruits even though they have been consumed. 36 A person
who has a usufruct in land does not become owner of the fruits
which grow thereon until he has himself gathered them;
consequently fruits which, at the moment of his decease, though
ripe, are yet ungathered, do not belong to his heir, but to the
owner of the land. What has been said applies also in the main
to the lessee of land. 37 The term `fruits,' when used of animals,
comprises their young, as well as milk, hair, and wool; thus
lambs, kids, calves, and foals, belong at once, by the natural law
of ownership, to the fructuary. But the term does not include
the offspring of a female slave, which consequently belongs to
her master; for it seemed absurd to reckon human beings as
fruits, when it is for their sake that all other fruits have been pro-
vided by nature. 38 The usufructuary of a flock, as Julian held,
ought to replace any of the animals which die from the young