defeasance 音标拼音: [dɪf'izəns]
n . 使无效,废止,契约解除条件
使无效,废止,契约解除条件
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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