Daily AncestorDefeasance
A defeasance is a condition in a deed or bond saying it becomes void if something is done, such as a debt being paid; it is what makes a deed a mortgage.
Strictly, a condition in the same deed is called a condition, and one in a separate instrument is a defeasance, but the word is used for both. In a mortgage the defeasance clause gives the borrower full ownership once the debt is repaid.
If you find a deed followed by "provided always" and a payment schedule, you are reading a mortgage, not a sale. Look in the later deed books for a release or satisfaction.
As seen in a recordMortgage deed in a county deed book, 1800s
Provided always, that if the said Saml. Ross shall pay unto Wm. Bell the sum of $300, then this deed shall be void
How to cite this page
Daily Ancestor. "Defeasance." Dictionary of Old Record Words. https://dailyancestor.com/dictionary/legal-land/defeasance. Last checked 2026-10-12.