Responsa for Bava Kamma 229:20
זבינא שוה בשוה עשו בו תקנת השוק שוה מאה במאתן רב ששת אמר לא עשו בו תקנת השוק רבא אמר עשו בו תקנת השוק
misappropriated a garment and sold it and was brought before R. Huna, he said to the plaintiff, 'Go forth and redeem your pledge [in the purchaser's hand]'?<span class="x" onmousemove="('comment',' Proving thus that the plaintiff would have to pay the purchase money even where the theft was definitely established. ');"><sup>34</sup></span> — The case of Hanan the Wicked was different, for since it was impossible to get any payment from him, it was the same as where the thief was not identified at all. Raba said: 'Where the thief is notorious, the benefit of [a purchase in] market overt would not apply.<span class="x" onmousemove="('comment',' For the purchaser should not have bought the articles from him. ');"><sup>35</sup></span>
Teshuvot Maharam
A. A owes that amount to B. Since the court has a right to distrain a debtor's article for the benefit of the creditor, the court may surely confirm B in the possession of the book after the latter pays to A the difference between its actual value and the price he had originally paid. If B paid C for the book more than the latter paid to the Gentile, C must return the difference to A.
SOURCES: Am II. 138.