Definitions for: Hypotheca

Webster (1913) Definition: 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.

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