A decree of poinding the ground is real, and serves as long as the obtainer lives, tho' the heritor should die, or the property be transferred.
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In an action pursued for spuilzied goods by John Keir against Hepburn, the defender alleged, That the goods libelled to be spuilzied were lawfully poinded, by virtue of a sentence of poinding of the ground, for an annualrent addebted out of the ground. The pursuer quarrelled the decreet, as no warrant to poind, seeing the same was given against the L. of Sydserff, first heritor of the ground, who was only party called therein, and who being dead before the poinding, the sentence could not be a warrant to use any execution thereupon, after the decease of him against whom only the same was given. The allegeance upon the poinding was by the Lords found relevant, and the decreet sustained as a sufficient warrant thereto, albeit the heritor, who was called only, was dead; for the Lords found, that the decreet to poind the ground was real, and served against the ground, to poind the same, by virtue thereof, so long as that person lived, at whose instance the sentence was obtained, albeit the heritor should die, or change from one person to another; which alteration ought not to impede the said real execution, the obtainer thereof living, as said is.
Clerk, Gibson.
Fol. Dic. v. 2. p. 96. Durie, p. 132.*** Kerse reports this case:
1624. July 30.—Found by the Lords, that a decreet of poinding of the ground for annualrent may be put to execution, albeit the heritor against whom it was obtained be dead, without transferring idque quoad singularem suecessorem.
