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.
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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.
