As  to  a  tenant  in  tail,  it  is  enacted  by  the  3  &  4  Will.  4,  c.  74,
that  "if  a  tenant  in  tail  of  lands  shall  make  a  disposition
ft'^nant  ta  M  by  of  ^he  samB  Under  this  act,  by  way  of  mortgage,  or  for  any
way  of  mortgage,  other  limited  purpose,  then  and  in  such  case  such  disposition
shall,  to  the  extent  of  the  estate  thereby  created,  be  an  ab-
solute 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  ex-
pressed or  implied  in  the  deed  by  which  the  disposition  may
be  eifected:  provided,  that  if  the  estate  created  by  such  dis-
position 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  abso-
lute 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  necessaiy  to  give  full  effect  to  the
mortgage,  or  to  such  other  limited  purpose,  or  to  such  inte-
rest, lien,  charge  or  incumbrance,  notwithstanding  any  inten-
tion to  the  contrary  may  be  expressed  or  implied  in  the
deed  by  which  the  disposition  may  be  effected"  (s.  21).
Thus  if  a  tenant  in  tail  mortgages  in  fee  by  a  deed  duly


IVAo  may  be  Mortgagors  and  Mortgagees.         637

enrolled,  the  equity  of  redemption  will  be  discharged  from
the  estate  tail,  notwithstanding  a  contrary  intention  may  be
expressed.
