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Webster 1913 Edition
Hypotheca
‖
Hyˊpo-the′ca
,Noun.
[L., fr. Gr. [GREEK] a thing subject to some obligation, fr. [GREEK] 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.
☞ 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.