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.

    Lat. In the civil law. Hypothecary creditors; those who loaned money on the security of an hypotheca, (q. v.) Calvin.
    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.
    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...
    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 bond given in the contract of bottomry or respondentia.
    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...
    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 combination of assumed or proved facts and circumstances, stated In such form as to constitute a coherent and specific situation or state of facts, upon which the opinion of an expert is asked, by way of evidence on a trial. Howard v. People, 185 111. 552, 57 N. E. More...
    The basis, in England, of rating lands and hereditaments to the poor-rate, and to other rates and taxes that are expressed to be leviable or assessable in like manner as the poor-rate.
    In old English law. A parish.
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