Extinguishment

A putting an end to a thing, as an estate or right, usual-. ly by consolidating or uniting it with another.*— The annihilation of a collateral thing or subject, in the subject itself out of which it is derived.

Preston on Merger, 9.

Extinguishment is sometimes confounded with merger, though there is a clear distinction between them. Merger is only a mode of extinguishment, and applies to estates only under particular circumstances; but extinguishment is a term of general application to rights as well as estates.

2 Crabb's Real Prop. 367, § 1487.

Called extinction.

2 Steph. Com. 41.

See U.S. Digest dt Supplement, Extinguishment. Ex TiNGUisaMENT OF COMMON, IS effected in various ways. By unity of seisin or possession; as where the person entitled to common becomes seised in fee by purchase, or otherwise, of the land which is subject to the right.

2 Steph. Com. 41.

1 Crabb*s Real Prop. 303, § 336, By severance from the land to which it belongs.

Id. 306, § 340.

By release; as when a person entitled to common, releases it to the owner of the soil over which it is claimed.

Co. Litt. 280 a, 270 a.

Lilt. sect.

479, 480. 2 Steph. Com. 41. 1 Crakb's Real Prop. 306, § 341.

By approvement or enclosure; and by dissolution of the estate.

Id. 306, 307, §§ 342, 343. See 2 Hilliard's Real Prop. 76.

Extinguishment of copyhold.

In English law

A copyhold is said to be extin" guished, when the freehold and copyhold interest unite in the same person and in the same right, which may be either by the copyhold interest coming to the freehold, or by the freehold interest coming to the copyhold.

1 Crabb*s Real Prop. 670, §864.

Extinguishment of dkbt. Where a judgment is given for a debt, the original debt is extinguished. So, if a feme sole who is a creditor marry her debtor, or if a man make his debtor his executor, the debt is extinguished.

8 Co. 136. Plowd. 184. 1 Salh. 304.

Wh Uhaw. Whartoj Ca Lex, Extinguishment of bent. If a person have a yearly rent out of lands, and afterwards purchase those lands, so that he has as good an estate in the land as in the rent, the rent is extinguished, Termes de la ley, Cowell, Co.Litt, 147. Rent may also be extinguished by conjunction of estates, by confirmation, by grant, by release and by surrender. 1 Crabh^s Real Prop. 210—213, § 209, Extinguishment of wats, b usually effected by unity of possession. As if a man hare a way over the close of another, and he purchase that close, the way is exiintinguished, 1 Cra Ws Heal Prop, 341, §384.