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Hypotheca

Source : Webster's Revised Unabridged Dictionary (1913)

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.
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