Dale v. Bedal

The plaintiff ¡and the defendant are respectively the owners of the houses upon adjoining lots situated on "Goodwin’s Court” in Marblehead. This suit is now prosecuted solely to establish the plaintiff’s "right by necessity” to maintain and use for the reception of sewage from her house an underground receptacle or "septic tank” located on the defendant’s lot.

In 1928, Mary E. Brown, the mother of the plaintiff, owned both houses. The tank and connecting pipes were then in existence. In that year Mrs. Brown conveyed to the defendant the house and lot now owned by the latter. In the deed Mrs.…