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defeasance 音標拼音: [dɪf'izəns] n. 使無效,廢止,契約解除條件 使無效,廢止,契約解除條件 Defeasance \ De* fea" sance\, n. [ OF. defesance, fr. defesant, F. d[' e] faisant, p. pr. of defaire, F. d[' e] faire, to undo. See { Defeat}.] 1. A defeat; an overthrow. [ Obs.] [ 1913 Webster] After his foes' defeasance. -- Spenser. [ 1913 Webster] 2. A rendering null or void. [ 1913 Webster] 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. [ 1913 Webster] Note: 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. [ 1913 Webster] DEFEASANCE, 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. 12 Mass. R. 13 Pie P. 413 1 N. 11. Rep. 41; but see 4 Yerg. 57, contra. Vide Bouv. Inst. Index, h. t.; Vin. Ab. h. t.; Com. Dig. h. t.; Id. 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. 32, c. 7,, s. 25; 18 John. R. 45; 9 Wend. R. 538; 2 Mass. R. 493.
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