Duhaime's Law Dictionary


Poinding of the Ground Definition:

Scottish law: The post-judgment seizure and judicial sale, of the judgment debtor's property attached to his land, to satisfy the terms of the judgment.

Related Terms: Poinding

flag of ScotlandSame as poinding or personal poinding except that the item of property to be poinded is real property.

Also called poinding the ground (without the "of").

The Scottish law society, in their 1995 Glossary, defined poinding the ground as follows:

"A form of diligence available to heritable creditors whereby moveables on the land over which the debt is secured are impounded as a preliminary to their public sale in satisfaction of the creditor's decree."

REFERENCES:

  • Law Society of Scotland, Glossary: Scottish Legal Terms, Latin Maxims and European Community Legal Terms (Edinburgh: Butterworths, 1992), page 65
  • Marshall, Enid, General Principles of Scots Law, 6th Edition (Edinburgh: Sweet & Maxwell, 1995), pages 70-71.

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