brown case james Worsley appellant sir simeon stuart respondent march Mews dig  xiv see Coppinger v gubbins l r Eq the court of chancery will award a  perpetual injunction to restrain waste by plough burn break or sow of Downland  decree of the court of exchequer affirm viner vol p can dame mary Stuart the  grandmother of both the appellant and respondent be seize of a capital message  farm and land in Dorsetshire call TarrantHinton which consist of acre of poor  arable land a sheepwalk and about acre of down land and in June she by her  will devise the same after the death of sir Nicholas Stuart to trustee in  trust for the appellant for a term of eight year if he shall so long live  remainder to the respondent for his natural life remainder to his first and  other son in tail male with other remainder over the testatrix also leave a  write under her hand whereby she direct her trustee to take security from the  appellant and every other person who shall come into the possession of this  estate that they shall not commit waste either by cut timber or plough such  land as ought not to be plough under this will and after the death of sir  Nicholas Stuart which happen in February the appellant enter upon the land but  neglect to give any brown er p such security as the testatrix have direct and  soon afterward without the consent or privity of the survive trustee the  appellant begin to plough up break and burn part of the down land whereupon  the respondent file his bill in the court of exchequer to restrain the  appellant from burn break or plough any more of these land and obtain a  special injunction for that purpose but the defendant contend that what he  have do will ultimate tend to the improvement of the estate the plaintiff  proceed in the cause and after examine witness on both side it come on to be  hear in Michaelmas term when the court decree that the defendant shall not  plough burn break or sow any more of the say down land and award a perpetual  injunction accord from this decree the defendant appeal insist S Dodd that the  testatrix by the word of her bequest intend only to restrain waste but can not  be suppose to mean that no profit shall be make by a substantial and last  improvement of the land that this down be apparent capable of be bring to ten  time its present value by the course of husbandry which the appellant have  observe and therefore the testatrix can never intend that such a improveable  part of her estate shall lie under brown moss for ever or that no person claim  under her shall have above S per and for land which may be make worth pound  per and on the other side it be say h Stevens that this burn break and plough  of Downland be indeed a present advantage to the appellant for his short term  of year but will be a total destruction of all future benefit to arise from  the down and for want of foldage for the sheep will great damage and  impoverish the arable part of the farm that this be the first instance of a  tenant for year insist on a right to plough burn and break downland and shall  he succeed in it many other tenant in the county of Dorset and wilts will soon  follow so pernicious a example to the destruction of the inheritance of their  landlord estate and accord after hear counsel on this appeal it be order and  adjudge that the same shall be dismiss and the decree and proceed therein  complain of affirm jour vol p