contracts, conveyancing. 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. 2. 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 in 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. 3. It is a general rule, that the defeasance shall be a part, of the same transaction with the conveyance; though the defeasance may be dated after the deed.
Law Dictionary – Alternative Legal Definition
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.” Com. Dig. “Defeasance.” In 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, recognizance, or judgment containing a condition which, when performed, defeats or undoes it.