extinguishment

Extinguishment \Ex*tin"guish*ment\, n.
   1. The act of extinguishing, putting out, or quenching, or
      the state of being extinguished; extinction; suppression;
      destruction; nullification; as, the extinguishment of fire
      or flame, of discord, enmity, or jealousy, or of love or
      affection.
      [1913 Webster]

   2. (Law) The annihilation or extinction of a right or
      obligation. --Abbott.
      [1913 Webster]
    

EXTINGUISHMENT, contracts. The destruction of a right or contract, the act 
by which a contract is made void. 
     2. Art extinguishment may be by matter of fact and by matter of law. 1. 
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 11 John. 
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, the latter is extinguished 3 Stew. 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. 147. See Merger. 
     3. There are numerous cases where the claim is extinguished b 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. Pet. C. C. 
301; see 2 John. 213. Vide, generally, Bouv. Inst. Index, h.t.; 2 Root, 
492; 3 Conn. 62; 1 Hamm. 187; 11 John. 513; 4 Conn. 428; 6 Conn. 373; 1 
Halst. 190 4 N. H. Rep. 251 Co. Litt. 147 b; 1 Roll. Ab. 933 7 Vin. Ab. 367; 
11 Vin. Ab. 461; 18 Vin. Ab. 493 to 515 3 Nels. Ab. 818; 14 Serg. & Rawle, 
209; Bac. Ab. h.t.; 5 Whart. R. 541. Vide Discharge of a Debt.