poinding

POINDING, Scotch. law. That diligence, affecting movable subjects, by which 
their property is carried directly to, the creditor. Poinding is real or 
personal. Ersk. Pr. L. Scot. 3, 6, 11. 
    

POINDING, PERSONAL, Scotch law. Poinding of the goods belonging to the 
debtor; and of those goods only. 
     2. It may have for its warrant either letters of horning, containing a 
clause for poinding, and then it is executed by messengers; or precepts of 
poinding, granted by sheriffs, commissaries, &c., which are executed by 
their proper officers. No cattle pertaining to the plough, nor instruments 
of tillage, can be poinded in the time of laboring or tilling the ground, 
unless where the debtor, has no other goods that may be poinded. Ersk. Pr. 
L. Soot. 3, 6, 11. See Distress, to which this process is somewhat similar. 
    

POINDING, REAL, or poinding of the ground, Scotch law. 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. 
     2. 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. 2. Even the goods of a tenant cannot be poinded for more than his 
term's rent, Ersk. Pr. L. Scot. 4, 1, 3.