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Extinguishment

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

The destruc. tion or cancellation of a right, power, contract, or estate. The annihilation of a evllateral thing or subject in the subject itself out of which it is derived.

Prest. Mery, 9.

For the distinction between an extinguishment and passing a right, see 2 Shars. Bl Comm. 325, note. “Hixtinguishment”™ {3 sometimes confounded with “merger, * though there is a clear distinction between them. “Merger” is only a mode of extinguisbment, and applies to estates only under particular circumstances; but “extinguishment” is a term of general application to rights, as well as estates.

2 Crabb, Real Prop. p. 367, § 1487.