Poinding

Poinding

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Definition

Poinding "(Scots law)": that diligence whereby a debtor's property is carried directly to a creditor.
There are two types:
*"Personal" - The taking of movable property (eg, wagons, livestock; but not property such as a house because it is not movable) belonging to the debtor. Plow cattle and tillage instruments cannot be included in times of labour or tilling, unless the debtor has no other movable property to satisfy the debt. "Personal poinding" is founded merely on an obligation to pay, all else aside. A relatively low level of diligence is sufficient to accomplish this (such as letters of horning, or a warrant granted by a sheriff or commissary).
*"Real" - The confiscation of non-movable property (such as land) and the movable property found on it. Every "debitum fundi" (a debt using land as collateral) is a foundation for "real poinding". It cannot be used against movable property brought onto the land by a stranger, nor against the movable property of a tenant for more than the value of the tenant's term rent. A relatively high level of diligence is necessary to accomplish this.

The definition was taken from the source. [ cite book
last = Shumaker
first = Walter A.
coauthors = George Foster Longsdorf
title = The Cyclopedic Law Dictionary
edition = Second Edition by James C. Cahill
year = 1922
publisher = Callaghan and Company
location = Chicago ]

ources and References


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Look at other dictionaries:

  • poinding — (pronounced pinding ) in the Scots law of diligence or legal enforcement, after a charge has expired without payment, sheriff officers or messengers at arms will attend the debtor s premises and make up a schedule listing goods and valuing them… …   Law dictionary

  • poinding of the ground — (pronounced pinding ) in the Scots law of diligence or legal enforcement, a procedure for attaching moveable property. It can be exercised only by a creditor holding a heritable security. Collins dictionary of law. W. J. Stewart. 2001 …   Law dictionary

  • poinding — n. seizure, repossession, foreclosure (Scottish) v. repossess, seize, foreclose (Scottish) …   English contemporary dictionary

  • poinding — A distress; an attachment of goods …   Ballentine's law dictionary

  • poinding — noun ( s) Etymology: Middle English punding, gerund of punden to poind Scots law : a process by which a creditor seizes movable property so as to become vested with its title and the right of sale or appropriation in satisfaction of a debt * * *… …   Useful english dictionary

  • schedule of poinding — See poinding. Collins dictionary of law. W. J. Stewart. 2001 …   Law dictionary

  • multiple poinding — (pronounced multiple pinding) a procedure in Scots law whereby all parties who may be claiming an interest in a given fund, called the fund in medio, can be convened together so that all pleas may be argued in the one process. Collins dictionary… …   Law dictionary

  • action for poinding — /aekshan for pindit)/ An action by a creditor to obtain a sequestration of the rents of land and the goods of his debtor for the satisfaction of his debt, or to enforce a distress …   Black's law dictionary

  • action for poinding — /aekshan for pindit)/ An action by a creditor to obtain a sequestration of the rents of land and the goods of his debtor for the satisfaction of his debt, or to enforce a distress …   Black's law dictionary

  • multiple poinding — Double distress,–a Scotch proceeding akin to the modern interpleader, whereby a person in possession of money or goods may have the same distributed to the various claimants who are entitled thereto …   Ballentine's law dictionary

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