Hypotheca
Hy`po*the"ca\, n. [L., fr. Gr. ? a thing subject to some obligation, fr. ? to put under, put down, pledge. See Hypothesis.] (Rom. Law) An obligation by which property of a debtor was made over to his creditor in security of his debt. Note: It differed from pledge in regard to possession of the property subject to the obligation; pledge requiring, simple hypotheca not requiring, possession of it by the creditor. The modern mortgage corresponds very closely with it. --Kent.