Waterbury Trust Co. v. G. L. D. Realty Co.

Allegations of the amended complaint which are material to the inquiry occasioned by this appeal may be epitomized as follows: The plaintiff owns a mortgage on premises, in Waterbury, of Waterbury Aerie Fraternal Order of Eagles, and the appurtenances, including an easement that certain land lying southerly thereof remain open and unenclosed without any buildings erected thereon, and a right to pass over and across it. In 1928 the named defendant took title to a tract which included a portion of the land which is subject to that easement and erected a four-story building, a part of which…