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EXTINGUISHMENT Definition & Legal Meaning

Definition & Citations:

The destruction or cancellation of a right, power, contract, orestate. The annihilation of a collateral thing or subject in the subject itself out of whichIt is derived. Prest. Merg. 9. For the distinction between an extinguishment and passinga right, see 2 Shars. Bl. Comm. 325, note.”Extinguishment” is sometimes confounded vpith “merger,” though there is a cleardistinction between them. “Merger” is only a mode of extinguishment, and applies toestates only under particular circumstances; but “extinguishment” is a term of generalapplication to rights, as well as estates. 2 Crabb, Real Prop, p. 367,


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