hypotheca

Hy`po*the"ca, n. Etym: [L., fr. Gr. Hypothesis.] (Rom. Law) Defn: 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.

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