Hypotheca

CIDE DICTIONARY

Hypotheca, n. [L., fr. Gr. a thing subject to some obligation, fr. to put under, put down, pledge. See Hypothesis.].

 An obligation by which property of a debtor was made over to his creditor in security of his debt.  [1913 Webster]
" 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.  [1913 Webster]