Responsa for Bava Kamma 229:28
<big><strong>מתני׳</strong></big> זה בא בחביתו של יין וזה בא בכדו של דבש נסדקה חבית של דבש ושפך זה את יינו והציל את הדבש לתוכו
for eighty <i>zuz</i>, and this papunian went and sold it to a Mahozean<span class="x" onmousemove="('comment',' I.e., a person of Mahoza, a trading town on the Tigris. ');"><sup>48</sup></span> for a hundred and twenty <i>zuz</i>. As the thief was subsequently identified Abaye said that the proprietor of the book could come and pay the Mahozean eighty <i>zuz</i><span class="x" onmousemove="('comment',' I.e., the original sum for which the thief sold it. ');"><sup>49</sup></span> and get his book back, and the Mahozean would be entitled to go and recover the other forty <i>zuz</i><span class="x" onmousemove="('comment',' He paid to the first purchaser who was his vendor. ');"><sup>50</sup></span> from the papunian.<span class="x" onmousemove="('comment',' I.e., the first purchaser who sold it to the second and made a profit of forty zuz. ');"><sup>51</sup></span> Raba demurred saying: If in the case of a purchase from the thief himself the benefit of market overt applies should this not be the more so in the case of a purchase from a purchaser?<span class="x" onmousemove="('comment',' Who bought it from a thief as was the case here. ');"><sup>52</sup></span> — Raba therefore said: The proprietor of the book can go and pay the Mahozean a hundred and twenty <i>zuz</i><span class="x" onmousemove="('comment',' I.e., the purchase money he paid. ');"><sup>53</sup></span> and get back his book, and the proprietor of the book is [then] entitled to go and recover forty <i>zuz</i> from the papunian<span class="x" onmousemove="('comment',' I.e., the first purchaser who sold it to the second and made a profit of forty zuz. ');"><sup>51</sup></span> and eighty <i>zuz</i> from the Narashean.<span class="x" onmousemove="('comment',' I.e., the thief who sold the book for this amount. ');"><sup>54</sup></span> <b><i>MISHNAH</i></b>. IF ONE MAN WAS COMING ALONG WITH A BARREL OF WINE AND ANOTHER WITH A JUG OF HONEY, AND THE BARREL<span class="x" onmousemove="('comment',' As to the substitution of 'barrel' for 'jug' v. supra p. 142. ');"><sup>55</sup></span> OF HONEY HAPPENED TO CRACK, AND THE OTHER ONE POURED OUT HIS WINE AND RESCUED THE HONEY INTO HIS [EMPTY] BARREL,
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.