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 mixture
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, because the
separate bodies or grains, which before belonged to one or the other
of you in severalty, have by consent on both sides been made your joint
property. If, however, the mixture was accidental, or if Titius mixed
the two parcels of corn without your consent, they do not belong to
you in common, because the separate grains remain distinct, and their
substance is unaltered; and in such cases the corn no more becomes
common property than does a flock formed by the accidental mixture of
Titius's sheep with yours. But if either of you keeps the whole of the
mixed corn, the other can bring a real action for the recovery of such
part of it as belongs to him, it being part of the province of the judge
to determine the quality of the wheat which belonged to each.

29 If a man builds upon his own ground with another's materials, the
building is deemed to be his property, for buildings become a part
of the ground on which they stand. And yet he who was owner of the
materials does not cease to own them, but he cannot bring a real action
for their recovery, or sue for their production, by reason of a clause
in the Twelve Tables providing that no one shall be compelled to take
out of his house materials (tignum), even though they belong to another,
which have once been built into it, but that double their value may
be recovered by the action called 'de tigno iniuncto.' The term tignum
includes every kind of material emplo