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. … [Read more...]

Lat. In the civil law. Hypothecary creditors; those who loaned money on the security of an hypotheca, (q. v.) Calvin. … [Read more...]

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. … [Read 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. … [Read 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 … [Read more...]