Vitious Intromission Purged by Confirmation, or by declarator of escheat.
Bad v. Hamilton
Date: 12 January 1622 Case No. No 191.
Click here to view a pdf copy of this documet : PDF Copy
Found, That an executor confirmed lite pendente, cannot be farther obliged than secundum vires inventarii;) and albeit the pursuer reply upon farther intromission and fraudful omission, yet the executor shall not be obliged in solidum, but according to the quantity of the omission.
Fol. Dic. v. 2. p. 45. Kerse, MS. fol. 133.
*** A similar decision was pronounced 14th July 1626, Smith against Gray, No 17. p. 9660.