property, and the aſſignee ſtands to all intents and purpoſes in the place of the aſſignor.
11. 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[1] or totally undone. And in this manner mortgages were in former times uſually made; the mortgagor enfeoffing the mortgagee, and he at the ſame time executing a deed of defeazance, whereby the feoffment was rendered void on re-payment of the money borrowed at a certain day. And this, when executed at the ſame time with the original feoffment, was conſidered as part of it by the antient law[2]; and, therefore only, indulged: no ſubſequent ſecret revocation of a ſolemn conveyance, executed by livery of ſeiſin, being allowed in thoſe days of ſimplicity and truth; though, when uſes were afterwards introduced, a revocation of ſuch uſes was permitted by the courts of equity. But things that were merely executory, or to be completed by matter ſubſequent, (as rents, of which no ſeiſin could be had till the time of payment; and ſo alſo annuities, conditions, warranties, and the like) were always liable to be recalled by defeazances made ſubſequent to the time of their creation[3].
II. There yet remain to be ſpoken of ſome few conveyances, which have their force and operation by virtue of ſtatute of uſes.
Uses and truſts are in their original of a nature very ſimilar, or rather exactly the ſame: anſwering more to the fidei-commiſſum than the uſus-fructus, of the civil law; which latter was the temporary right of uſing a thing, without having the ultimate property, or full dominion of the ſubſtance[4]. But the fidei-commiſſum, which uſually was created by will, was the diſpoſal of an inheritance to one, in confidence that he ſhould convey it or diſ-
