defeasance
(diːˈfiːzəns)
Forms: 5 defesance, Sc. defasance, 6 depheazance, Sc. defaisance, 6–7 defeasans, defeysance, 7 defeisance, 6–9 defeazance, 6– defeasance.
[ME. a. AF. defesaunce, OF. defesance undoing, destruction, f. OF. defesant, des-, pr. pple. of desfaire (now défaire) to undo, destroy, f. des-, dé-, de- I. 6 + faire to do. See -ance.]
1. Undoing, bringing to nought; ruin, defeat, overthrow. (Now always coloured by 2.)
| 1590 Spenser F.Q. i. xii. 12 Where that champion stout After his foes defeasaunce did remaine. 1616 R. Carpenter Christ's Larum-bell 61 Notwithstanding the discouery and defeysance of their manifold mischieuous designments. a 1617 Bayne On Eph. (1658) 35 He may suffer defeasance in the intentions hee purposeth. 1847 Grote Greece ii. ix. III. 21 It was always an oligarchy which arose on the defeasance of the heroic kingdom. 1874 Stubbs Const. Hist. I. viii. 235 The extinction or other defeasance of the old royal houses. |
2. Law. The rendering null and void (of a former act, an existing condition, right, etc.).
| 1592 Greene Def. Conny Catch. (1859) 15 The gentleman..promised to acknowledge a statute staple to him, with letters of defeysance. 1602 W. Fulbecke 2nd Pt. Parall. 68 As to conditions impossible in facte, such conditions if they go to the defeasans of an estate, the estate notwithstanding remaineth good. 1628 Coke On Litt. 236 b, Indentures of Defeasance. 1765 Blackstone Comm. I. 211 It was not a defeazance of the right of succession. 1827 Jarman Powell's Devises (ed. 3) II. 242 An executory devise, limited in defeazance of a preceding estate. |
3. Law. A condition upon the performance of which a deed or other instrument is defeated or made void; a collateral deed or writing expressing such condition.
| 1428 Surtees Misc. (1890) 9 An obligacyon..and a defesance made yer apon yat ye sayd John Lyllyng fra yan furth suld be of gude governaunce. 1580 Sidney Arcadia iii. 293 A sufficient defeazance for the firmest bond of good nature. 1634 Ford P. Warbeck ii. iii, No indenture but has its counterpawn; no noverint but his condition or defeysance. 1641 Termes de la Ley 103 A defeasance is usually a deed by it selfe concluded and agreed on betweene the parties, and having relation to another deed or grant. 1767 Blackstone Comm. II. 327 A defeazance is a collateral deed, made at the same time with a feoffment or other conveyance, containing certain conditions, upon the performance of which the estate then created may be defeated or totally undone. 1875 Poste Gaius iii. Comm. (ed. 2) 414 The warrant being accompanied by a defeazance declaring it to be merely a security for payment. |
† 4. Sc. Acquittance or discharge from an obligation or claim. Obs.
| 1478 [see defease v. 2]. 1489 Sc. Acts Jas. IV (1597) §9 The saidis letters of discharge to be na defaisance to them. 1551 Sc. Acts Mary (1597) §10 It sal be leasum to the annuelleres, notwithstanding the defaisance maid presently, gif they please to bye in againe..Defaisance of payment. |
Hence deˈfeasanced pa. pple. or a.
| 1846 Worcester, Defeasanced (Law), liable to be forfeited. Burrows. |