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Hypotheque

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

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 Civ. Code La. art.

3360.

It corresponds to the mortgage of real property in English law, and is a real charge, following the property into whosesoever hands it comes. It may be I6gale, as in the case of the charge which the state has over the lands of its accountants, or which a married woman has over those of her husband ; judunaire, when it is the result of a judgment of a court of justice ; and oonventionelle, when it is the result of an agreement of the parties.

Brown.