hypotheca

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CIDE DICTIONARY

hypotheca, n. [L., fr. Gr. a thing subject to some obligation, fr. to put under, put down, pledge. See Hypothesis.].

An obligation by which property of a debtor was made over to his creditor in security of his debt. [1913 Webster]

" 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. [1913 Webster]

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