[IULIANUS libro quinto decimo digestorum. ] §18.4.18.prSi ex pluribus heredibus unus, antequam ceteri adirent hereditatem, pecuniam, quae sub poena debebatur a testatore, omnem soluerit et hereditatem uendiderit nec a coheredibus suis propter egestatem eorum quicquam seruare poterit, cum emptore hereditatis uel ex stipulatu uel ex uendito recte experietur: omnem enim pecuniam hereditario nomine datam eo manifestius est, quod in iudicio familiae herciscundae deducitur, per quod nihil amplius unusquisque a coheredibus suis consequi potest, quam quod tamquam heres impenderit.
[JULIAN, Digest, book 15.] one of several heirs, before the others entered upon the inheritance, paid all the money which was owed under a penalty by the testator, and sold his share of the inheritance, and because of their insolvency is unable to recover anything from his co-heirs, he will rightly bring an action against the buyer of the inheritance either on the stipulation or on the sale; for it is all the more obvious that all the money paid under the name of heir [is recoverable], because it is brought into the action for the partition of an inheritance, through which each person can obtain nothing more from his co-heirs than what he has expended as heir.