Real Poinding Or Poinding Of The Ground

Scottish Law: Real Poinding or Poinding of the Ground in the Past

Though it be properly a diligence, this is generally considered by lawyers as a species of real action and is so called to distinguish it from personal poinding, which is founded merely on an obligation to pay.

Developments

Every debitum fundi, whether legal or conventional, is a foundation for this action. It is therefore, competent to all creditors in debts which make a real burden on lands. As it proceeds on a, real right, it may be directed against all goods that can be found on the lands burdened but, 1. Goods brought upon the ground by strangers are not depending on this diligence. 2. Even the goods of a tenant (see more about this popular legal topic in the U.K. encyclopedia) cannot be poinded for more than his term’s rent, Ersk. Pr. L. Scot. 4, 1, 3. [1][rtbs name=”scottish-law”]

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Notes and References

1. Partialy, this information about real poinding or poinding of the ground is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including real poinding or poinding of the ground.

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