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FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 18

Extent of the estate created by a tenant in tail by way of mortgage, or for any other limited purpose.

18. Provided always, that if a tenant in tail of lands shall make a
disposition of the same under this Act by way of mortgage, or for any other
limited purpose, then and in such case such disposition shall, to the extent
of the estate thereby created, be an absolute bar in equity as well as at law
to all persons as against whom such disposition is by this Act authorized to
be made, notwithstanding any intention to the contrary may be expressed or
implied in the deed by which the disposition may be effected: Provided always,
that if the estate created by such disposition shall be only an estate pour
autre vie, or for years absolute or determinable, or if, by a disposition
under this Act by a tenant in tail of lands, an interest, charge, lien, or
incumbrance shall be created, without a term of years absolute or
determinable, or any greater estate, for securing or raising the same, then
such disposition shall in equity be a bar only so far as may be necessary to
give full effect to the mortgage, or to such other limited purpose, or to such
interest, lien, charge, or incumbrance, notwithstanding any intention to the
contrary may be expressed or implied in the deed by which the disposition may
be effected.

© 1834 Crown Copyright

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