Defeasance
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
contracts, conveyancing, ig an instrument which defeats the force or operation of some other deed or estate. That, which in the same deed is called a condition, in another deed is a defeasance. Every defeasance must contain proper words, as that the thing shall be void. 2 Salk. 575; Willes, 108; and vide Carth. 64. A defeasance must be made tn eodem modo, and by matter as high as the thing to be defeated; so that if one be by deed, the other must also be by deed.
Touchs. 397; Vide Vin. Ab. h. t.; Com. Dig. h. t.; Ib. Pleader, 2 W 35, 2 W 37; Lilly’s Reg. h. t.; Nels. Ab. h. t.; 2 Saund. 47 n, note (1); Cruise, Dig. tit. 82, c. 7, 3. 25.