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hypotheca


hypotheca


  1  definition  found 
 
  From  Webster's  Revised  Unabridged  Dictionary  (1913)  [web1913]: 
 
  Hypotheca  \Hy`po*the"ca\,  n.  [L.,  fr  Gr  ?  a  thing  subject  to 
  some  obligation,  fr  ?  to  put  under  put  down  pledge.  See 
  {Hypothesis}.]  (Rom.  Law) 
  An  obligation  by  which  property  of  a  debtor  was  made  over  to 
  his  creditor  in  security  of  his  debt. 
 
  Note:  It  differed  from  pledge  in  regard  to  possession  of  the 
  property  subject  to  the  obligation;  pledge  requiring, 
  simple  hypotheca  not  requiring,  possession  of  it  by  the 
  creditor.  The  modern  mortgage  corresponds  very  closely 
  with  it  --Kent.