Definitions

from Wiktionary, Creative Commons Attribution/Share-Alike License

  • adj. Of, pertaining to, or arising from hypothecation, the pledging of property or mortgage as surety for a loan
  • n. The holder of a hypothec, or pledge

from The Century Dictionary and Cyclopedia

  • Of or pertaining to hypothecation or mortgage: as, a hypothecary note (that is, a note given in acknowledgment of a debt, but which cannot pass into circulation). Also hypothecatory—Hypothecary action, in civil law, an action to enforce a hypothecation of property by its sale, and the application of the proceeds to pay the debt.

Etymologies

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Examples

  • The former are exemplified by the Publician action, the Servian action for the recovery of a tenant farmer's stock, and the quasi-Servian or socalled hypothecary action; the latter by the actions on intimidation and on fraud, by that for the recovery of a thing promised at a particular place, and by the action claiming production of property.

    The Institutes of Justinian

  • The Loan was for 200 millions of pesetas in hypothecary bonds of the Philippine Treasury, bearing 6 per cent, interest, redeemable at par in 40 years.

    The Philippine Islands

  • Unhappily the savings banks are obliged to invest their deposits in state bonds and in first-class hypothecary loans, while the post-office bank invests deposits in loans to the Communes and to the provinces; the former, therefore, are not available in the manufacturing industries and in agriculture.

    The Catholic Encyclopedia, Volume 8: Infamy-Lapparent

  • The actions growing out of it were the Servian and general hypothecary, or quasi-Servian action.

    The Catholic Encyclopedia, Volume 9: Laprade-Mass Liturgy

  • This hypothecary, or whatever you call it, is put up seriously.

    Back to Methuselah

  • The Servian action is that by which a landlord sues for his tenant's property, over which he has a right in the nature of mortgage as security for his rent; the quasi-Servian is a similar remedy, open to every pledgee or hypothecary creditor.

    The Institutes of Justinian

  • We have also given persons entitled to sue for such recovery a tacit hypothec over the husband's property, but this right is not to give any priority over other hypothecary creditors except where it is the wife herself who sues to recover her dowry; it being in her interest only that we have made this new provision.

    The Institutes of Justinian

  • You can think, you never can apply for reception of the hypothecary credit, low a card to charge percent, or a car on credit again.

    Bot Street Journal

  • 7 Again, the Servian and quasi-Servian actions, the latter of which is also called 'hypothecary,' are derived merely from the praetor's jurisdiction.

    The Institutes of Justinian

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