Hy̆'pō-thē'ēa, n.

n. [Gr. ὑποθήκη, a thing subject to some obligation.] (Rom. Law.) An obligation by which property of a debtor was made over to his creditor in security of his debt.

☞ 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.