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DEFEASANCE, or DEFEAZANCE (Fr. defair...

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Originally appearing in Volume V07, Page 925 of the 1911 Encyclopedia Britannica.
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DEFEASANCE, or DEFEAZANCE (Fr. defaire, to undo)  , in See also:law, an See also:instrument which defeats the force or operation of some other See also:deed or See also:estate; as distinguished from See also:condition, that which in the same deed is called a condition is a See also:defeasance in another deed . A defeasance should recite the deed to be defeated and its date, and it must be made between the same parties as are interested in the deed to which it is See also:collateral . It must be of a thing defeasible, and all the conditions must be strictly carried out before the defeasance can be consummated . Defeasance in a See also:bill of See also:sale is the putting an end to the See also:security by realizing the goods for the benefit of the mortgagee . It is not strictly a defeasance, because the stipulation is in the same deed; it is really a condition in the nature of a defeasance .

End of Article: DEFEASANCE, or DEFEAZANCE (Fr. defaire, to undo)
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