Van Sandt v. Royster

Facts

In 1904, Laura Bailey owned a plot of land that included lots 19, 20, and 4. In late Mrs. Bailey constructed a private lateral drain across her property on lot 4 running west across lots 20 and 19 connecting to the public sewer. January 15, 1904 Mrs. Bailey conveyed lot 19 to another individual with a general warranty deed. That individual built a residence on the lot, and then conveyed it to another who, in 1924, conveyed it to the plaintiff, Van Sandt. In 1904, Mrs. Bailey conveyed lot 20 to a man, who, eventually conveyed it to one of the defendants, Royster. Defendant Gray eventually succeeded to title of Lot 4 where Mrs. Bailey’s property was. In March, 1936, Van Sandt discovered his basement was flooded with sewage, and, upon investigation, found for the first time that there existed on and across his property a lateral sewer drain extending from his property across the property of the Royster and Gray. Both Royster and Gray refused to cease draining and discharging their sewage across Van Sandt’s lot. This lawsuit ensued.