Extinguishment

The destruction of a right or contract; the act by which a contract is made void; the annihilation of a collateral thing or subject in the subject itself out of which it is derived. Prest. Merg. 9. For the distinction between an extinguishment and passing a right, see 2 Sharswood, Bl. Comm. 325, note. An extinguishment may be by matter of fact and by matter of law. It is by matter of fact either express, as when one receives [N. Y.] 513), or implied, as when a person nath a yearly rent out of lands, and becomes owner, either by descent or purchase, of the estate subject to the payment of the rent, and the latter is extinguished (3 Stew. [Ala.] 60); but the person must have as high an estate in the land as in the rent, or the rent will not be extinct (Co. Litt. 147b). There are numerous cases where the claim is extinguished by operation of _ law. For example, where two persons are jointly but not severally liable for a simple contract debt, a judgment obtained against one is at common law an extinguishment of the claim on the other debtor. 1 Pet. C. C. (U. S.) 301; 2 Johns. (N. Y.) 213. See, generally, Bouv. Inst. Index; Co. Litt. 147b; 1 Ro Ue, Abr. 933; 7 Viner, Abr. 367; 11 Viner, Abr. 461; 18 Viner, Abr. 493-515; 3 Nels. Abr. 818; Bac. Abr.; 5 Whart. (Pa.) 541; 2 Root (Conn.) 492; 3 Conn. 62; 6 Conn. 373; 1 Ohio, 187; 11 Johns. (N. Y.) 513; 1 Halst. (N. J.) 190; 4 N. H. 251; 31 Pa. St. 475.

The destruction of a right or contract. The act by which a contract is made void. The annihilation of a collateral thing or subject in the subject itself out of which it is derived. Prest. Merg. 9. For the distinction between an extinguishment and passing a right, see 2 Sharsw. Bla. Com. 325. An extinguishment may be by matter of fact and by matter of law. It is by matter of fact either express, as when one receives satisfaction and full payment of a debt and the creditor releases the debtor; Jackson v. Shaffer, 11 Johns. (N. Y.) 513; or implied, as when a person hath a yearly rent out of lands and becomes owner, either by descent or purchase, of the estate subject to the payment of the rent, and the latter is extinguished; Martin v. Searcy, 3 Stew. (Ala.) 50, 20 Am. Dec. 64; but the person must have as high an estate in the land as in the rent, or the rent will not be extinct; Co. Litt. 147 b. There are numerous cases where the claim is extinguished by operation of law: for example where two persons are jointly but not law an extinguishment of the claim on the other debtor; Willings v. Consequa, 1 Pet. C. €. 301, Fed. Cas. No. 17,767; Tom v. Goodrich, 2 Johns. (N. Y.) 213. A conveyance of mortgaged land by the mortgagor to the mortgagee extinguishes the mortgage; Lyman v. Gedney, 114 111. 388, 29 X. E. 2S2, 55 Am. Rep. 871. Taking a note for the amount due does not deprive a claimant of his right to a lien, but merely suspends its enforcement until the note is payable; Keogh Mfg. Co. v. Eisenberg, 7 Misc. 79, 27 N. Y. Supp. 356. See Co. Litt. 147 b; Morris v. Brady, 5 Whart. (Pa.) 541; Derby Rank v. Landon, 3 Conn. 62; Jackson v. Shaffer, 11 Johns. (N. Y.) 513; Cattel v. Warwick, 6 X. J. L. 190; Mc Murphy v. Minot, 4 X. II. 251; Caldwell v. Fulton, 31 Pa. 475, 72 Am. Dec. 700; Boston & P. R. Corp. v. Doherty, 154 Mass. 314, 28 N. E. 277; Fitzpatrick v. R. R., S4 Me. 33, 24 Atl. 432; Sowles v. Witters, 54 Fed. 568; I. Smith & Son Co. v. Parsons, 37 Neb. 677, 56 N. W. 320.

The destruction or cancellation of a right, power, contract or estate. The annihilation of a collateral thing or subject in the subject itself out of which it is derived. Prest. Merg. 9. For the distinction between an extinguishment and passing a right, sce 2 Shars. Bl. Comm. 325, note. "Extinguishment" is sometimes confounded yith "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, Real Prop, p. 307, § 1487.

— Extinguishment of common. Loss of the right to have common. This may happen from various causes.

— Extinguishment of copyhold. In English law. A copyhold is said to be extinguished when the freehold and copyhold interests 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, Reni Prop. p. 670, § 864.

— Extinguishment of debts. This takes place by payment; by accord and satisfaction; by novation, or the substitution of a new debtor; by merger, when the creditor recovers a judgment or accepts a security of a higher nature than the original obligation ; by a release ; by the marriage of a feme sole creditor with the debtor, or of an obligee with one of two joint obligors; and where one of the parties, debtor or creditor, makes the other his executor.

— Extinguishment of rent. If a person have a yearly rent 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 1a Ley; Cowell; Co. Litt. 147. Rent may also be extinguished by conjunction of estates, by confirmation, by grant, by release, and by surrender. 1 Crabb, Real Prop. pp. 210-213, § 209.

— Extinguishment of ways. This is usually effected by unity of possession. As if a man have a way over the close of another, and he purchase that close, the way la extinguished. 1 Crabb, Reni Prop. p. 341, § 384.

A putting an end to a thing, as an estate or right usually by consolidating or uniting it with another. Extingruishment of debt: a putting of an end to a debt as by judgment, or by marriage of the creditor, a. feme sole, with the debtor. Extinguishment of rent: a putting an end to rent as by a purchase of the tion, by grant, by release, or by surrender. Extinguishment of ways: a putting of an end to a way by unity of possession.

In English law. Extinguisliment of common: a putting of an end to right of common, as by unitv of seisin or possession, by severance from the land, by release, by approvement or enclosure, or by dissolution of the estate. Exting'uisliment of copyhold: a putting of an end to a copyhold by a uniting of the copyhold interest and the freehold in the same person in the same right

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.

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.