Defeasance

Definition of Defeasance

Meaning of defeasance, related to United States investment and financial law, in the American Legal Dictionary. See also related words and terms of defeasance below.

Resources

See Also

Further Reading

• Information about defeasance in: John Downes and Jordan Elliot Goodman, “Dictionary of finance and investment terms” (Hauppauge, New York, Barron's, 2014)
• Information about defeasance in: Jerry Martin Rosenberg, “Dictionary of investing” (New York, Wiley)
• Information about defeasance in: Campbell R. Harvey's Hypertextual Finance Glossary

Defeasance

In the Past

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.

Developments

Every defeasance must contain proper words, as that the thing must 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.

Details

It is a general rule, that the defeasance must 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.; Comyn's Digest (A digest of the laws of England, 1822) 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. [1]

Resources

Notes and References

1. Partialy, this information about defeasance is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including defeasance.

See Also