Execution under a fi. fa. POINDING OF THE GROUND; Distress by a mortgagee.
Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.
Legal Subject: Poinding |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| A. Keltie v. R. Wilson | 1827 | Debt, Poinding, Sist, Inhibition, Diligence, Arrestment | Andrew Keltie of Gelvan petitioned the Court against Robert Wilson, writer in Edinburgh, seeking relief from an illegal poinding executed in violation of a court-ordered stay. Keltie alleged that Wilson had poinded during a sist on a bill of suspension, breaching procedural protections and amounting to contempt of court. The litigation proceeded from an initial petition for redress to a Revised Case arguing that such poinding during suspension constituted contempt. |
| Clifford and Sons v. Mosman | 1772 | Poinding, Arrestment, Ranking of Creditors | John Syme and Son, merchants in Leith, owed money to Clifford and Son, pursuer, merchants in Amsterdam. Due to the nature of the transaction, the money was required to pass through the hands of William Hogg and Son, merchants in Edinburgh. (In the transaction, another person, Archibald Maclean, advanced money to William Hogg and Son, which they in turn gave to John Syme and Son. McLean was then reimbursed by Clifford and Son). William Hogg and Son subsequently encounter financial problems, which raised the possibility that its creditors would to collect the money. Clifford and Son sought to avoid this possibility. Hugh Mosman, a writer in Edinburgh and creditor of William Hogg and Son, claimed an interest in the payment from John Syme and Son to William Hogg and Son. Clifford and Son disputed Mosman's claim by arguing that they were entitled to the payment because they provided the funds in the first place. |
| Lee Allen and Andrew Elder v. Elder and Others | 1832 | Poinding, Expenses, Interlocutor, Advocation, Sheriff, Security | John Lee Allen, Esq., and Andrew Elder presented a reclaiming note asking the Court of Session to alter Lord Medwyn's interlocutor in their action against Elder and others. Based on the single document cataloged for this case. |
| Loch v. Tweedie | 1798 | Arrestment, Aliment, Trespass, Poinding, Interlocutor, Penalty | John Loch pursued Alexander Tweedie regarding damages caused by Tweedie’s trespassing sheep, defending his poinding of the flocks and asserting statutory rights to distrain while disputing the defender’s allegations as to penalties and damages. Tweedie repeatedly petitioned the Court to alter interlocutors, first regarding Lord Craig’s order and later challenging subsequent decisions, while Loch reclaimed against an Inner House interlocutor and submitted defenses supported by witness testimony. Tweedie answered Loch’s reclaiming petition and continued to seek alteration of the Court’s interlocutors through November 1799. |
| More and Irvine v. Gibson | 1770 | Poinding, Deforcement | Pursuers More and Irvine were merchants in Gottenburgh (Gothenburg), Sweden. William Duncan owed them money. Robert Monro also agreed to act as a cautioner for Duncan. More and Irvine obtained an order of poinding for Duncan's assets, allowing them to secure Duncan's assets for payment of the debt. Duncan's stepson, defender Walter Gibson, prevented More and Irvine's agents from entering Duncan's house. Gibson claimed that he, not Duncan, owned the house. When More and Irvine's agents later returned to the house with letters of open doors, they found the house emptied of its most valuable furniture. Gibson also claimed that he was the rightful owner of the furniture in the house. More and Irvine accused Gibson of obstructing the poinding. |
