Chevalier v. Tyler

This is a suit in equity in which the plaintiffs, seek to permanently enjoin the defendants from using a cesspool situated on property owned by the plaintiffs and from permitting the overflow from such cesspool to flow onto property of the plaintiffs. The defendants, by way of answer and cross bill, claim the right to use this cesspool and to let its overflow run onto the land of the plaintiffs by reason of an implied reservation by necessity. The defendants seek to permanently enjoin the plaintiffs from interfering with the use of this cesspool and from interfering with the discharge of this…