Hypotheca

Defined in 6 dictionaries — Cyclopedic (1922), Ballentine's (1916), Black's (1910), Kinney (1893), Black's (1891), Stimson (1881)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

In civil law. That kind of pledge in which the possession of the thing pledged remains with the debtor; the obligation resting in mere contact. Dig. 1. 3. 7. 9. 2.

Ballentine's Law Dictionary

James A. Ballentine · 1916

A chattel mortgage.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

Hypotheca was a term of the Roman law, and denoted a pledge or mortgage. As distinguished from the term "pignus," in the same law, it denoted a mortgage, whether of lands or of goods, in which the subject in pledge remained in the possession of the mortgagor or debtor; whereas in the ptgnus the mortgagee or creditor was in the possession. Such an hypotheca might be either express or implied; express, where the parties upon the occasion of a loan entered into express agreement to that effect; or implied, as, e. g., in the case of the stock and utensils of a farmer, which were subject to the landlord's right as a creditor for rent; whence the Scotch law of hypothec. The word has suggested the term "hypothecate," as used in the mercantile and maritime law of England. Thus, under the factor's act, goods are frequently said to be "hypothecated;" and a captain is said to have a right to hypothecate his vessel for necessary repairs. Brown. See Mackeld. Rom. Law, §§ 334-359.

A Law Dictionary and Glossary

George C. Kinney · 1893

gr.-l. In the civil possession of the thing pledged gation resting in mere contract, gation arising from such a

A Dictionary of Law

Henry Campbell Black · 1891

"Hypotheca" was a term of the Roman law, and denoted a pledge or mortgage. As distinguished from the term "pignus," in the same law, it denoted a mortgage, whether of lands or of goods, in which the subject in pledge remained in the possession of the mortgagor or debtor; whereas in the pignus the mortgagee or creditor was in the possession. Such an hypotheca might be either express or implied; express, where the parties upon the occasion of a loan entered into express agreement to that effect; or implied, as, e.g., in the case of the stock and utensils of a farmer, which were subject to the landlord's right as a creditor for rent; whence the Scotch law of hypothec. The word has suggested the term "hypothecate," as used in the mercantile and maritime law of England. Thus, under the factor's act, goods are frequently said to be "hypothecated;" and a captain is said to have a right to hypothecate his vessel for necessary repairs. Brown. See Mackeld. Rom. Law, §§ 334-359.

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

Frederic Jesup Stimson · 1881

I. A pledge for a debt without delivery of the property pledged; hypothecation.