A tenant not entitled to set up an ale-house on his farm.
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Mr. Miln, the proprietor of a barony, his charter containing in the tenendas the common clause cum breueriis, brought an action in that character, before the Judge-Ordinary, against Mitchell, one of the tenants of the barony, who had set up an ale-house on his farm, for “prohibiting him either to brew or sell ale or spirituous liquors on any part of the lands.”.
Decreet having been given in terms of the libel, a bill of advocation was presented. The Lord Ordinary “refused the bill; upon which Mitchell reclaimed to the Court.
The Court, without seeming to pay attention to the pursuer's claims as a baron, were of opinion, That the tenant was here attempting to make such an use of the property let to him as was not warranted by his tack, and such as in itself ought to be discouraged.
They therefore refused the petition, which had been appointed to be answered.
Act. Dean of Faculty.Alt. Ja. Clerk.Clerk, Orme.
Fol. Dic. v. 4. p. 328. Fac. Coll. No. 324. p. 498.
