DEFEA'SANCE, DEED OF (in English law). An instrument which defeats the force or operation of some other deed or estate; and that which in the same deed is called a condition, in a separate deed is called a defeasance. Defeasance is of two sorts, one applicable to freehold estates, the other to terms of years and other executory interests. —Bythewood. Defeasance of the freehold is a collateral deed made at the same time with a feoffmeot (q.v.), or other conveyance, containing certain conditions, upon the perform ance of which the estate thus created may be defeated or totally undone.—Stephen's Commentaries. This deed owes its origin to the restrictions on the conveyance of land imposed by the feudal law. Under that system, every tenant of land was, by virtue of his tenancy, vassal under a superior lord, to whom he owed suit and service. The con sent of the lord was necessary for every change of vassal; and the law wonld not recog nize a condition whereby, in a particular event, the land should revert to the original tenant, and the over-lord be thus forced to change his vassal. Hence, when a holder of
land wished to obtain money on the security of his land, the conveyance to the lender was ex facie absolute; lint a deed of defeasance was executed, in virtue of which the borrower, on payment of his money, could recover his land. In this manner mort gages were originally effected. In process of time, the practice of inserting conditions in the original conveyance became established, and from that period, deeds of defe-.sance have ceased to be in general use. Lord Talbot, in the case of Cotterel v. Purchase (Ca. ton. Talbot 61), said lie should always discourage the practice of drawing absolute deeds, and making a defeasance which wore the face of fraud.* Defeasance of executory interests may be made at any time after the creation of the estate to which it refers. It must be made with the same formalities as those which cre• ated the estate, and between the same parties or their representatives.