Attorney General, at the Relation of Gray's Inn Society, v Doughty
| Jurisdiction | England & Wales |
| Judgment Date | 24 July 1752 |
| Date | 24 July 1752 |
| Court | High Court of Chancery |
English Reports Citation: 28 E.R. 290
HIGH COURT OF CHANCERY
See Dalton v. Angus, 1881, 6 App. Cas. 824.
attorney-general, at the Relation of gray's inn society, v. doughty, July 1752. [See Dalton v. Angus, 1881, 6 App. Gas. 824.] 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 proceeding in certain buildings, which would intercept the prospect from Grafs Inn gardens. (See the preceding case and the references.) The interposition of the court was desired not on foundation of a nuisance, but on a long enjoyment of the right to this prospect by this society; which right has been admitted formerly by parties concerned to dispute it, and by a court of equity ; viz. in 1686, when several orders on...
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...prescription, in terms of a concern that such a right would constrain building in towns and cities (see Attorney General v Doughty (1752) 2 Ves Sen 453, 453–454; Dalton v Henry Angus & Co (1881) 6 App Cas 740, 824; Hunter, p 699F per Lord Lloyd), also applied to limit the ambit of the l......
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