Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Mr Alexander Mortimer v. Isobel Glendoning
Date: 20 December 1677
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Mr Alexander Mortimer, late minister at Kirkcubright, pursuing Isobel Glendoning: she defended, on a decreet of exoneration, finding the inventory of the testament exhausted, to which the pursuer himself was called. He Repled on super-intromission. Duplied,—Non competit hoc loco: let him take a dative, and then he shall get an answer.
Yet it seems, where fraudulent super-intromission is offered to be proven against an executor, and by their own oath, it may, in such a case, be receivable without a dative; but in other cases they ought to take a dative.
