case coal against forth see sub nom green v coal Doherty v allman App Cas a  court of equity may direct a issue although a judgement have be give in the  cause at commonlaw ante black Com Ch Rep App more if a lessee pull down a  brewhouse and build dwell house on its scite it be waste S C lev S C sand keb    light roll Abr   more hob Keilw cro James Owen salk term Rep it be waste to  pull down and rebuild a house although it be too bad to be repair   light a  roll Abr roll   side sand Peer wms Peer wms Peer wms gilbert evidence that  edit a trial at bar direct out of chancery upon this issue whether waste or no  waste hale chief justice by protestation I try this cause remember the statute  of Henry c and the statute be read whereby it be enact that after judgement  give in the court of our Lord the king the party and their heir shall be  thereof in peace until the judgement be undo by writ of error or attaint be  say this cause have be try in London and in a writ of error in parliament the  judgement affirm now they go into chancery and we must try the cause over  again and the same point a lease be make by Hilliard to green in the year  afterward he devise the reversion to coal and forth get a underlease from  green of the premise be a brewhouse forth pull it down and build the ground  into tenement hale chief justice the question be whether this he waste or no  and if it he waste at law it be so in equity to pull down a house be waste  modern but if the tenant build it up again before a action bring he may plead  that special Twisden justice I think the book be pro and con whether the  building of a new house he waste or not hale chief justice if you pull down a  mallmill and build a cornmill that S waste then the counsel urge that it can  not be repair without pull it down Twisden justice that shall have be plead  special hale chief justice I hope the chancery will not repeal a Act of  parliament modern er p waste in the house be the waste in the curtilage and  waste in the ball be waste in the whole house so the jury give a verdict for  the plaintiff and give he one hundred and twenty pound damage michaelmas term  the twentyfifth of Charles the second in the king bench Thursday October sir  Matthew hale Knt chief justice sir Thomas Twisden Knt sir Richard Rainsford  Knt sir William wile Knt justice sir Heneage finch Knt attorneygeneral sir  Francis north Knt solicitor general