The Law Dictionary

Featuring Black’s Law Dictionary Free Online Legal Dictionary 2nd Ed.


An instrument which defeats the force or operation of some otherdeed or estate. That which is in the same deed is called a “condition;” and that which isin another deed is a “defeasance.” Com. Dig. “Defeasance.”In conveyancing. A collateral deed made at the same time with a feoffment or otherconveyance, containing certain conditions, upon the performance of which the estatethen 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 conditionwhich, when performed, defeats or undoes it. 2 Bl. Comm. 342; Co. Litt. 230,237; Miller v. Quick, 158 Mo. 495, 59 S. W. 955; Harrison v. Philips’ Academy, 12 Mass.456; Lippincott v. Tilton, 14 N. J. Law, 361; Nugent v. Itiley, 1 Mete. (Mass.) 119, 35Am. Dec. 355.

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