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Hypotheque

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

In French law. Hypothecation; a mortgage on real property; the right vested in a creditor by the assignment to him of real estate as security for the payment of his debt, whether or not it be accompanied by possession. See Civil Code La. art.

33860.

It corresponds to the mortgage of real property in English law, und is a real charge, following the property into whosesoever hands itcomes. Itmay be tégale, as in the case of the charge which the state has over the lands of its accountants, or ment of a court of justice; and conventionelle, when it is the result of an agreement of the par ties.

Brown.