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Legal Term Dictionary

Search our free database of thousands of legal terms. The easiest-to-read, most user-friendly guide to legal terms.This dictionary is from the early 20th century and is not to be construed as legal advice.

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HYPOTHEC
In Scotland, the term "hypothec" is used to signify the landlord's right which, independently of any stipulation, he has over the crop and stocking of his tenant. It gives a security to the landlord over the crop of each year for the lent of that year, and over the cattle More...

In Scotland, the term "hypothec" is used to signify the landlord's right which, independently of any stipulation, he has over the crop and stocking of his tenant. It gives a security to the landlord over the crop of each year for the lent of that year, and over the cattle and stocking on the farm for the current year's rent, which last continues for three months after the last conventional term for the payment of the rent. Bell. Less...
HYPOTHECA
"Hypotheca" was a term of the Roman law, and denoted a pledge or mortgage. As distinguished from the term "pignut" 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 More...

"Hypotheca" was a term of the Roman law, and denoted a pledge or mortgage. As distinguished from the term "pignut" 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. p., 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, ?? 334-559. Less...
HYPOTHECARIA ACTIO
Lat. In the civil law. An hypothecary action; an action for the enforcement of an hypotheca, or right of mortgage; or to obtain the surrender of the thing mortgaged. Inst. 4, 6, 7; Mackeld. Rom Law, f 356. Adopted in the Civil Code of Louisiana, under the name of "Vaction More...

Lat. In the civil law. An hypothecary action; an action for the enforcement of an hypotheca, or right of mortgage; or to obtain the surrender of the thing mortgaged. Inst. 4, 6, 7; Mackeld. Rom Law, f 356. Adopted in the Civil Code of Louisiana, under the name of "Vaction hypothecate," (translated "action of mortgage.") Article 3361. Less...
HYPOTHECARII CREDITORES
Lat. In the civil law. Hypothecary creditors; those who loaned money on the security of an hypotheca, (q. v.) Calvin.

Lat. In the civil law. Hypothecary creditors; those who loaned money on the security of an hypotheca, (q. v.) Calvin. Less...
HYPOTHECARY ACTION
The name of an action allowed under the civil law for the enforcement of the claims of a creditor by the contract of hypotheca. Lovell v. Cragin, 136 U. S. 130, 10 Sup. Ct 1024, 34 L. Ed. 372.

The name of an action allowed under the civil law for the enforcement of the claims of a creditor by the contract of hypotheca. Lovell v. Cragin, 136 U. S. 130, 10 Sup. Ct 1024, 34 L. Ed. 372. Less...
HYPOTHECATE
To pledge a thing without delivering the possession of it to the pledgee. "The master, when abroad, and in the absence of the owner, may hypothecate the ship, freight, and cargo, to raise money requisite for the completion of the voyage." 3 Kent Comm. 171. See Spect v. Spect, 88 More...

To pledge a thing without delivering the possession of it to the pledgee. "The master, when abroad, and in the absence of the owner, may hypothecate the ship, freight, and cargo, to raise money requisite for the completion of the voyage." 3 Kent Comm. 171. See Spect v. Spect, 88 Cal. 437, 26 Pac. 203, 13 L. R. A. 137, 22 Am. St. Rep. 314; Ogden v. Lathrop, 31 N. Y. Super. Ct. 651. Less...
HYPOTHECATION
A term borrowed from the civil law. In so far as it is naturalized in English and American law, it means a contract of mortgage or pledge in which the subject-matter is not delivered into the possession of the pledgee or pawnee; or, conversely, a conventional right existing in one More...

A term borrowed from the civil law. In so far as it is naturalized in English and American law, it means a contract of mortgage or pledge in which the subject-matter is not delivered into the possession of the pledgee or pawnee; or, conversely, a conventional right existing in one person over specific property of another, which consists in the: power to cause a sale of the same, though it be not in his possession, in order that a specific claim of the creditor may be satisfied. Out of the proceeds. The term is frequently used in our textbooks and reports, particularly upon the law of bottomry and maritime liens; thus a vessel is said to be hypothecated for the. demand of one who has advanced money for supplies. In the common law/ there are but few, if any, cases of hypothecation, in the strict sense of the civil law; that is, a pledge without possession by the pledgee. The nearest approaches, perhaps, are cases of bottomry bonds and Claims of materialmen, and of seamen' for wages; but these are liens and privileges, rather than hypothecations. Story, Bailm. f 28a "Hypothecation" is a term of the civil law, and is that kind of pledge in which the possession of the thing pledged remains with the debtor, (the obligation resting in mere contract without delivery;) and in- this respect distinguished from "pignus" in which possession is delivered to the creditor or pawnee. Whitney v. Feay, 24 Ark. 27. See 2 Bell, Comm; 25. Less...
HYPOTHECATION BOND
A bond given in the contract of bottomry or respondentia.

A bond given in the contract of bottomry or respondentia. Less...
HYPOTHEQUE
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 More...

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 intd whosesoever hands it comes. It may be legale, 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; judiciaire, when it is the result of a judgment of a court of justice; and conventioneUe, when it is the result of an agreement of the parties. Brown. Less...
HYPOTHESIS
A supposition, assumption, or theory; a theory set up by the prosecution, on a criminal trial, or by the defense, as an explanation of the facts in evidence, and a ground for Inferring guilt or Innocence, as the case may be, or as indicating a probable or possible motive for More...

A supposition, assumption, or theory; a theory set up by the prosecution, on a criminal trial, or by the defense, as an explanation of the facts in evidence, and a ground for Inferring guilt or Innocence, as the case may be, or as indicating a probable or possible motive for the crime. Less...

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