Epistola

Lat.

In the civil law. An opinion of the emperor upon a case submitted to him; a rescript. Inst. 1. 2. 6. Bfvaiit/ la e^iiitT. Francis^ Max. 9, max. iii. Thus where an heir buys in an incumbrance for less than is due upon it, (except it be to protect an incumbrance to which he himself is entitled) he shall be allowed no more than what he really paid for it, as against other incumbrancers upon the estate. 2 VmU 853. 1 Fm».49, S. P. 1 Sal Jc. 166. For the taking away one man's gain to make up another's loss, is making them both equal; and here the gain the heir would have made, if the whole money due on the incumbrance should be allowed him shall be taken from him, to make up the loss of the other incumbrancers upon the estate. Francis^ Max. ub. sup. This maxim is also applied to cases of contribution between sureties and others; to cases of abatement of legacies, where there is a deficiency of assets, and especially to cases of the marshalling and distribution of equitable assets. 1 Story's Eq. Jut. § 64 f. See j Equiias.