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.
REAL. A term which is applied to land in its most enlarged signification.
Real security, therefore, means the security of mortgages or other
incumbrances affecting lands. 2 Atk. 806; S. C. 2 Ves. sen. 547.
2. In the civil law, real has not the same meaning as it has in the
common law. There it signifies what relates to a thing, whether it be
movable or immovable, lands or goods; thus, a real injury is one which is
done to a thing, as a trespass to property, whether it be real or personal
in the common law sense. A real statute is one which relates to a thing, in
contradistinction to such as relate to a person,
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