Idem Sonans

of the same sound. In pleadings when a name which it is material to state, is 5, 37, 20.—5th. There is hypothecation of the goods of a testator for the security of a legacy he has given.

Code, 6, 43, 1.

In the common law, cases of hy pothecation, in the strict sense of the civil law, that is of a pledge without possession by the pledgee, are scarcely to be found; cases of bottomry bonds and claims for seamen’s wages against ships are the nearest approach to it; but these are liens and privileges rather than hypothecations.

Story, Bailm. § 288. Vide, generally, Poth. De Hy pothéque; Poth. Mar. Contr. translated by Cushing, note, 26, p. 145; Commercial Code of France, translated by Rodman, note, 52, p.

351; Merl. Répertoire, mot Hypothéque, where the subject is fully considered; 2 Bro. Civ. Law, 195; Ayl. Pand. 524; 1 Law Tracts, 224; Dane’s Ab. h. t.; Abbott on Shipp. Index, h. t.; 18 Ves. 599; 4 Bac. Ab. 625. Civil Code of Louis. tit. 22, where this sort of security bears the name of mortgage, (q. v.) I. cient, as Segrave for Seagrave, 2 Str. R. 889; vide also Russ. & Ry. 412; 2 Taunt. R. 401. In the following cases the variances there mentioned were declared to be fatal.

Russ & Ry. 351; 10 East, R. 83; 5 Taunt. R. 14; 1 Baldw. R. 88. See, generally, 3 Chit. Pr. 231, 2.