BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Johnston v Ker. [1616] Mor 9848 (1 February 1616)
URL: http://www.bailii.org/scot/cases/ScotCS/1616/Mor2309848-166.html Cite as:
[1616] Mor 9848
Where the executor has been confirmed. - Where the party died at the horn:
Johnston v. Ker
Date: 1 February 1616 Case No. No 166.
Super-intromission, subsequent to confirmation, infers only restitution but, if it is prior, the fraudulent concealment makes the executor liable universally.
Click here to view a pdf copy of this documet : PDF Copy
In an action pursued by Johnston against Margaret Ker, the Lords sustained an exception of executors confirmed against the libel of universal intromissatrix; but thereafter, it being replied, that the relict was nominate, and had intromitted with certain goods, which were not confirmed ab initio, the Lords repelled the exception, in respect of the reply, notwithstanding it was duplied, that the goods and sums omitted were confirmed in the dative ad omissa, and decreet of exoneration given in favours of the executor; and that because the Lords found, that the relict had intromitted before the confirmation, dolo fecit that she did not confirm.
