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Webster 1913 Edition


Defeasance

De-fea′sance

,
Noun.
[OF.
defesance
, fr.
defesant
, F.
défaisant
, p. pr. of
defaire
, F.
défaire
, to undo. See
Defeat
.]
1.
A defeat; an overthrow.
[Obs.]
After his foes’
defeasance
.
Spenser.
2.
A rendering null or void.
3.
(Law)
A condition, relating to a deed, which being performed, the deed is defeated or rendered void; or a collateral deed, made at the same time with a feoffment, or other conveyance, containing conditions, on the performance of which the estate then created may be defeated.
☞ Mortgages were usually made in this manner in former times, but the modern practice is to include the conveyance and the defeasance in the same deed.

Webster 1828 Edition


Defeasance

DEFEASANCE

,,
Noun.
S as z.
1.
Literally, a defeating; a rendering null; the preventing of the operation of an instrument.
2.
In law, a condition, relating to a deed, which being performed, the deed is defeated or rendered void; or a collateral deed, made at the same time with a feoffment or other conveyance, containing conditions, on the performance of which the estate then created may be defeated. A defeasance, on a bond, or a recognizance, or a judgment recovered, is a condition which, when performed, defeats it. A defeasance differs from the common condition of a bond, in being a separate deed, whereas a common condition is inserted in the bond itself.
3.
The writing containing a defeasance.
4.
Defeat.

Definition 2024


defeasance

defeasance

English

Alternative forms

Noun

defeasance (plural defeasances)

  1. (now rare) Destruction, defeat, overthrow.
    • 1590, Edmund Spenser, The Faerie Queene, I.xii:
      that hoarie king, with all his traine, / Being arriued, where that champion stout / After his foes defeasance did remaine [...].
  2. (US, law) The rendering void of a contract or deed; an annulment.

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