A Dictionary of the Older Scottish Tongue (up to 1700)
Hide Quotations Hide Etymology
About this entry:
First published 2001 (DOST Vol. X).
This entry has not been updated since then but may contain minor corrections and revisions.
Superintromission, n. [Intromissioun n.] An additional intromission or act of interference or intrusion, over and above an earlier one.1670 M. P. Brown Suppl. Decis. II 459.
This cause being called … I replied, Ought to be repelled … whereunto it being duplied upon superintromission, I triplied that the said superintromission … cannot be received here by way of exception but requires a new process 1671 M. P. Brown Suppl. Decis. II 600. 1678 Fountainhall Decis. I 1.
As for the superintromission, the pursuer might take a dative ad omissa from the commissaries, and use it in the same process, to found her title. In some cases, where the fraud and dole in omitting is palpable, they use to receive superintromission by way of exception 1678 Fountainhall Decis. I 1.
The Ordinary found the pursuer could not reply on superintromission, unless she had taken a dative ad omissa 1678 Fountainhall Decis. I 1.
The confirmation cannot liberate from the passive titles, because offers to prove superintromission beyond what was confirmed 1681 Stair Inst. iii ix § 11.
The exception of confirmation of executors is elided, by alleging that the intromitter, though having confirmed, yet hath fraudulently concealed some part of the goods and means, not put in the inventory; which super-intromission dolosè, is relevant to elide the defence on confirmation 1699 Fountainhall Decis. II 43.
Whether she should have her oath in litem or if he shall be only comptable for his super-intromission above his own payment
