The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1914-07-09
Tax Collector Files Motion
to Dissolve Injunction
on Sale
BELIEVES DEAL
WAS FRAUDULENT
Thinks Transfer Was Made without
Observation-Disclosures Personal Prop
erty Has Been Disposed of and Can
not Now Be Levied Upon.

not Now Be Levied Upon
Another echo of the Foster murder
case, of tHalifax, comes in the filing by
Tax Collector Francis T. Miner of Halifax
of an answer to the bill in chancely
brought by Attorneys F. w. Gibson and
w. II. Daley of this town to prevent the
sale OF the Foster farm for the collection
OF taxes. Attorneys Gibson and Daley
were counsel for Foster in the murder
trial, but the court declined to assign
counsel at state expense They took
quitcam deed of the farm from Foster
who Is now in the state prison at Wind
sor. Trouble arose over the payment of
taxes on the Foster property. whereupon
Tax Collector Miner advertised the farm
for sale, but the orators. Gibson and
Daley, secured an Injunction restraining
the sale Mr.. Miner now asks that the
injunction he dissolved. and i'm his an
Swer, drawn 10y Attorney A + Schwenk
lie asserts his belief that the whole tram
sactlon involving the real estate and per
sonai property WAS a fraud for the pur-
pose OF defrauding the town of Halifax
and Fosters creditors.
Orators Secured Injunction.
In MAY of this year Mr.. Gibson and
Mr.. Daley filed a bill in chancery stat
ing that on Oct. -. 1913. they bought
OF Foster his farm and received quit
claim deed OF the premises, which WAS re
corded the following day in Halifax. They
said that at the time OF the purchase
there was an unpaid tax against Foster
consisting OF poll tax, personal property
tax and real estate tax, the amount of
which they did not know, for the year
1913. They aVerred that on Oct 20 and
/ on two subsequent occasions they request
ed A. {. Jones, town treasurer of HalitaX
TO inform them as to the amount of the
, tax ON the real estate, then owned by
them, so that they might pay it, but that
he refused to inform them; also that on
! Jan. %. 1914, the treasurer placed the
tax in the hands of the collector Francis
i T. Miner. but that he also, after repeated
requests refused to inform them as to the
amount but notified them that he should
| look to Foster and the real estate for the
Ientire tax. The collector insisted. the
| orators stated, that If the orators wished
to free the premises from the tax incum-
brance they must pay the entire tax
real, personal and poll. The collector adj
vertised the premises for sale by auction
| MAY 2G. whereupon the orators. claiming
!
| poll tax and personal property tax Sc
cured an injunction from Chancellor f. l..
| Waterman preventing the auction sale.
Believes There Was Fraud.
In his answer to the bill of complaint
Mr. Miner admits that on Oct 20, 1913
lFoster made a quitclaim deed of the real
estate to the orators, but he denies that
the orators bought the real estate Mr.
4 Miner says That on Oct. rs. 1913. Foster
was arrested and lodged in jail on the
charge of murder: that at that time Eos
ter had title to the real estate and owned
$50 bushels of potatoes, 10 bushels OF
corn. 10 tons OF hay, one hog, one horse
three cows and other personal property
on the premises, He says he believe,
that the deed given to Mr.. Gibson anG
Mr. Daley on Oct % was not given fol
any consideration, but was a fraudulent
conveyance for the purpose of defraudne
and delaying the defendant and the town
of Halifax from the collection Of the
taxes and for derfrauding creditors o
? Foster He says he is informed and be
lieves that on the same date Foster, with
out any consideration, fraudulently deliv
cred and assigned to the orators the per
sonal property for the same purpose. Mr.
Miner also says he believes that the ora
tors have disposed Of the personal prop
erty. which was the property OF Foster. s,
that it cannot now be levied upon.
Further Mr. Miner calls attention t,
: the fact that on Oct. 2S, 1913, subsequen
to the giving of the deed and the transfe
of the personal property, Foster made
t affidavit under oath and filed it in count,
II court, in which he said he was the owne
a of the real estate in Halifax and that h
: was the owner of the personal propert
0 mentioned On the same day Mr. Gibson
n Mr. Miner says, certified that he was in
6 formed and believed that Foster with
T ont means, except as stated in the affida
l. Wit
= 1t will be remembered that this was tn
time when an effort was being made i
! county court to have Mr.. Gibson and Nh
Daley assigned by the court as counse
/ for Foster in the murder trial, at stat
/ expense.
Says Tax Was Not rendered.
Mr. Miner SAYS that on Dec 6, 191:
Mr. Jones delivered to him the delinquen
y tax bills and that among them was bi
,,e of $23 70 against Foster, which was tn
only information he ever had as to wha
the tax was composed of He says h
believes that neither Of the orators evt
rendered to Mr.. Jones prior to Dec
any part of the tax assessed against Fo
tr ter, and he asserts that no tender OF an
0. part of the tax ever has been made
him. He says that on Dec II he male