De*fea"sance (?), n. [OF. defesance, fr. defesant, F. d'efaisant, p. pr. of defaire, F. d'efaire, 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 1913.

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