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![handle is hein.slavery/ssactsengr0834 and id is 1 raw text is: the future direction of this Court. With respect to an argument that might be used
against the power of the Court to grant this injunction, derived from the 19th article
of the Act of the Union, I must state that my mind is in no degree affected by it.
The articles meant to provide that after the Union the Courts of Scotland should
continue as absolutely independent of the Courts in England as they were before the
Union. If the Act of Union had never been made, this Court would have granted
this injunction, which in no manner breaks in upon the absolute independence of the
Court of Session, and touches only the party affected by it.
[310] RAY v. PUNG. Hay 2, 1821.
Conveyance to G. R., his heirs and assigns, to such uses as J. R. should appoint; and
in default of appointment to J. R. in fee, J. R. who was married, by lease and
release and appointment, conveyed to a purchaser. Qucere, whether the wife of
J. R., if she survived him, would be entitled to dower?
This was a bill for a specific performance of a contract to purchase, by a vendor
of certain lands against the vendee. The vendee demurred generally to the bill.
The quqstion was whether, under the circumstances, the wife of the Plaintiff was
dowable out of the purchased lands in case she survived him?
The case was thus:-By indentures of lease and release, 25th and 26th of
September 1800, the release between William Brewster, of the first part; Edward
Green and James Long, of the second part; Macro Brewster and others, of the third
part; James Ray, of the fourth part; and Golding Ray, the elder (a trustee for the
said James Ray), of the fifth part; certain lands, tenements and hereditaments in the
county of Essex, were duly conveyed and assured to the said Golding Ray, his heirs
and assigns, to the use of such person and persons, and of and for such estate and
estates, and in such proportion and proportions, and for such term and terms of years,
and upon and under such provisoes, conditions, limitations and trusts, and subject to
such charge and charges, and in such sort, manner and form, as he the said James
Ray, by any deed or deeds, writing or writings, to be by him signed, sealed and
executed in the presence of and attested by two or more credible witnesses, should
from time to time declare, direct, limit or appoint the same. And as to the estate
or estates so to be appointed, if any should be, should respectively end and determine ;
and as to such part and parts of the said premises whereof no such declaration,
limitations or appointment should be made, and in default of, and in the mean-[311]-
time, until any such should be made, to the use of the said James Ray, his heirs and
assigns, for ever. The said James Ray afterwards duly made and executed certain
indentures of lease and appointment, and release, bearing date respectively the 29th
and 30th March 1816; the lease made between the said James Ray of the one part,
and the Plaintiff Golding Ray (1) of the other part; and the appointment and release
made between the said James Ray, of the first part, the Plaintiff Golding Ray, of the
second part, and Alexander Fordyce Miller, of the third part, and which said indenture
of appointment and release was duly signed, sealed and delivered by the said James
Ray, in the presence of two credible witnesses, who duly attested the signing, sealing
and delivery thereof by the said James Ray, on the back of the same indenture. By
which said indenture of appointment and release it is witnessed that the said James
Ray, for the valuable consideration mentioned in the said indenture, by virtue of the
power or authority to him given by the said indentures of the 25th and 26th days of
September 1800, and of all and every the power and powers him in anywise enabling
in that behalf, by the now stating deed or writing, by him signed, sealed and executed
in the presence of and attested by two credible witnesses, did irrevocably declare,
limit and appoint, that all and singular the said lands, tenements and hereditaments
should, from and after the execution of the now stating indenture by him the said
James Ray, remain and be to the uses, upon the trusts, and for the intents and
(1) This is not the same person as was named trustee for James Ray in the deeds
of the 25th and 26th Sept. 1800, but a different person of the same name.
914
.RAY V. PUNG
5 MADD. 310.](ViewImageLocal?handle=hein.slavery/ssactsengr0834&div=1&collection=&method=preview&ext=.png&size=3)