Category: H

See INSANITY.

In medical jurisprudence. (1) The morbid deposition of a sediment ofany kind iu the body. (2) A congestion or flushing of the blood vessels, as in varicoseveins. Post-mortem hypostasis, a peculiar lividity of the cadaver.

In Scotland, the terra “hypothec” is used to signify the landlord’s rightwhich, independently of any stipulation, he has over the crop and stocking of histenant. It gives a security to the landlord over the crop of each year for the rent ofthat year, and over the cattle and stocking on the farm for the current year’s rent,which last continues for three months after the last conventional term for the paymentof the rent Bell.

Lat. In the civil law. Hypothecary creditors; thosewho loaned money on the security of an hgpotlieca, (q. v.) Calvin.

“Ilypotheca” was a term of the Itoman law, and denoted a pledge ormortgage. As distinguished from the term “pignus,” in the same law, it denoted a mortgage,whether of lands or of goods, in which the subject iu pledge remained in the possessionof the mortgagor or debtor; whereas in the pignus the mortgagee or creditorwas in the possession. Such an hypotheca might be either express or implied; express,where the parties upon the occasion of a loan entered into express agreement to thateffect; or implied, as, e. g., in tlie case of the stock and utensils of a farmer, which weresubject to the landlord’s right as a creditor for rent; whence the Scotch law of hypothec.The word has suggested the term “hypothecate,” as used in the mercantile andmaritime law of England. Thus, under the factor’s act, goods are frequently said to be”hypothecated;” and a captain is said to have a right to hypothecate his vessel fornecessary repairs. Brown. See Mackeld. Horn. Law,

Lat. In the civil law. An hypothecary action; an action for the enforcement of an hypotheca, or lightof mortgage; or to obtain the surrender of the thing mortgaged. Inst. 4, 6, 7; Mackeld.Bom. Law,

The name of an action allowed under the civil law for theenforcement of the claims of a creditor by the contract of hypotheca. Lovell v. Cragin,336 U. S. 130, 10 Sup. Ct 1021, 34 L. Ed. 372.

To pledge a thing without delivering the possession of it to thepledgee. “The master, when abroad, and in the absence of the owner, mayhypothecate the ship, freight, and cargo, to raise money requisite for the completion ofthe voyage.” 3 Kent, Comm. 171. See Spect v. Spect, 88 Cal. 437, 20 Pac. 203, 13 L. It.A. 137, 22 Am. St. Itep. 314; Ogden v. Lathrop, 31 N. Y. Super. Ct. 051.

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 same, though it be not in his possession, in order that a specific claim of the creditor may be satisfied out of the proceeds. The term is frequently used in our textbooks and reports, particularly upon the law of bottomry and maritime liens; thus a vessel is said to be hypothecated for the demand of one who has advanced money for supplies.In the common law, there are but few, if any, cases of hypothecation, in the strict sense of the civil law ; that is. a pledge without possession by the pledgee. The nearest approaches, perhaps, are cases of bottomry bonds and claims of materialmen, and of seamen for wages; but these are liens and privileges, rather than hypothecations.Story, Bailm.

See HIDAGE.