attorneygeneral at the relation of grey inn society v doughty July that see  Dalton v Angus App Cas injunction not before answer in a special case on a  particular right otherwise in a plain case of waste or nuisance motion before  answer to stop proceed in certain building which will intercept the prospect  from grey inn garden see the precede case and the reference the interposition  of the court be desire not on foundation of a nuisance but on a long enjoyment  of the right to this prospect by this society which right have be admit former  by party concern to dispute it and by a court of equity videlicet in when  several order on petition be make by Lord jefferies to restrain the building  so as to intercept this prospect and the manner of defence thereto show this  right of the society be not dispute it only go upon this that the court be  impose on by the plan show that right of this kind have be take notice of  appear from the act of parliament make for adorn Lincoln inn where the party  acquiesce under such a right Lord chancellor before I determine this there S a  previous question whether I can do it in this way it be true that by the  course of the court in a plain case of waste upon a certificate and affidavit  of it there may be a injunction before answer so there may in a plain case of  nuisance as for stop up light upon affidavit certificate and notice because  the court will not suffer it to go on to prejudice the party in the mean time  but will stop it beforehand but now you come in a very special and particular  case on a particular right to a prospect I know no general rule of commonlaw  which warrant that or say that building so as to stop another prospect vesey  senior be a nuisance be that the case there can be no great town and I must  grant injunction to all the new building in this town it depend therefore on a  particular right and then the party must first have a opportunity to answer it  as to the order make by Lord jefferies who be too apt to do thing in a  extraordinary manner strongly in modus as well as in re they be make on  petition without a bill file and those I lie out of the case there may be such  a right as this as upon the act of parliament touch Lincoln inn that be upon  agreement of the party which if show here it will be different or if there be  ground to presume such a agreement but then the party must have a opportunity  to answer that this be not such a right as that the court shall interpose  before answer it be like the common case of abill to stay waste upon a special  case attend with special circumstance in which the court will not grant a  injunction before answer I have often deny those motion and it have be often  former deny if it be show that the defendant claim under the party who make  those submission and admission as it be say before Lord jefferies and a  presumption of a agreement it may be a different case as you have give they  notice I by fill your bill and strong notice by this motion if they do wrong  it be at their peril and it may be a ground for the court to order these  building to be pull down so that if they build it be at their peril I have  great respect for this society but must notwithstanding go by some rule and  can do it in this summary way vesey senior er p