Poinding

REAL, or poinding of the ground, in the Scotch law, though it be properly a diligence, 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. 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 subject to this diligence; and, 2, even the goods of a tenant cannot be poinded for more than his term’s rent. Ersk. Pr. L. Scot. 4, 1, 3.