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Defeasance

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

An instrument which defeats the force or operation of some other deed or estate. That which is in the same deed is called a "condition;" and that which is in another deed is a "defeasance." Coin. Dig. "Defeasance." Lu conveyancing. A collateral deed made at the same time with a feoffment or other conveyance, containing certain conditions, upon the performance of which the estate then created may be defeated or totally undone.

2 Bl. Comm. 327 ; Co. Litt. 236, 237.

An instrument accompanying a bond, recognisance, or judgment, containing a condition which, when performed, defeats or undoes it.

2 Bl. Comm. 342; Co.. Litt. 236, 237; Miller v. Quick, 158 Mo. 495, 59 S. W. 955; Harrison v. Philips' Academy, 12 Mass. 456; Lippincott v. Tilton, 14 N. J. Law, 361; Nugent v. Rlley, 1 Mete. (Mass.) 119, 35 Am. Dee 355.