Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1917-05-18
BOUGHT LAND, BUT
CANNOT SECURE IT
Robinson Says DR.. Niles Has
Violated Agree ment
Advanced $4,000 for Several Lots -
Claims Dr. Niles Was to Convey Land
to Plaintiff.


to Plaintiff.
DR.. Edward 5. Niles S name again
cmbcllishcs the records of the Windham
county court of chanccry. The New
ton, Mass, dentist, formerly of Halifax,
and his wife, Elizabeth W. Niles,
have been sued by Alfred Il. Robinson
of New York city on account of certain
land deals in Halifax. Mr.. Robinson
claims he advanced DR.. Niles + 500 TO
buy various parcels Of property, includ
ing the wcll-known Fish homestead and
that DR.. Niles not only refuses to turn
the property over to him but has Dor
rowcd money on it from the Brattlc.
boro Trust Co. and has given q mort
gage in return.
Deputy Sheriff c. |. Knapp of Brat
tlebOro yesterday served on Dr. and
Mrs. Niles an injunction granted by
Chancellor f. l.. Waterman restraining
them from occupying or using the real
estate described in the legal documents,
and from cncumbcring the whole or any
Ipart thereof and from exercising con
troll over it or conveying if. They are
lOrdcrcd to appear in the county clerk S
Office in Brattlcboro next week Satur-
day, May 2G, at 10 a. M, to show why
the injunction should not remain dur.
ing the tendency of the proceedings.
Attorneys a. +. Schwcnk of Brattlc-
boro and Albert l.. Saunders Of Boston
arc attorneys for Mr.. Robinson, who
is himself a lawyer.
DR.. Niles is the proprietor Of Maple
hurst Lodge in Halifax, where summer
boarders are entertained, and Mr.. Rob
inson and his wife and children former
4hn., l.,
cation and decided to buy the Fish
homestead, which stood in the names of
DIR. and Mrs. Niles. Mr. Robinson says
that about Sept. |, 1915, he entered into
: an agreement with DR.. Niles whereby
: the latter was to buy certain lands in
Halifax for the former. He says that
. DR.. Niles was very DESTROYS of having
him buy adjoining tracts of land, in
part to protect DIR. and Mrs. Niles and
/. their holdings and i'll part that they
i might benefit from certsin privileges
I. from the land which they desired him 10
buy.
As result of a mutual understand
ing between Mr.. Robinson and DR.. Niles
the plaintiff says that DR.. Niles agreed
to buy certain lands in Halifax for the
, plaintiff, the latter to pay for them with
his own money. He SAYS it was agreed
his own name and take title to it in
his own name, for the reason that DR..
Niles gave Mr.. Robinson to understand
that he could buy it ut a less sum- being
acquainted with the parties, and that if
would be better Mr.. Robinson should
not be known to the parties until all
the desired parcels had been acquired.
He says that when that had been ac-
cOmplishcd DR.. Niles was to convey the
properties to him by a sufficient deed
when desired
In compliance will, that agreement,
5 Mr.. Robinson says, DR.. Niles bought
the following pieces of property, for
the sums named, the money being fur.
nishcd by Mr.. Robinson:
On Nov. 20. 1918, from Edward X aud
, Mary T. Nicholson, for $500. a piece Of
! land with buildings thereon, being the
same as described in IL deed To K. L.
, lIacklcy Nov 30, 1898.
On Dee. ,, 1913, from Ebert j. and
Clara j. Roberts, for 5000 the farm
= known as the George Brown farm, con
/ tanning about 100 acres.
On July :, l9lG, from Alice Stove, for
500, about II acres of land, being part
OF the land conveyed to Horace Scott by
Luther Il. Farnsworth Dec ,, 1870
= On Oct. II 1916, from George Lyudc
=. for $1,000, parcel OF land containing
about l22 acres.
, On Nov. I, 1916, from G. NJ Scott, II.
NJ. Scott and Mrs $. T j. Scott, for 500,
about three acres of land.
:, On Dee. 20, 1916, from George II, Bur
g nett, Emma j. Burnett and Sarah Chase.
= for 81 900, a parcel of about 1870 acres.
Mr. Robinson asserts that on March
/ |, 1917, it was determined that all the
I desired lands had been bought and paid
- for and decided to DR.. Niles and that on
- March 90 in Dr. Nlcs's Office in Boston
:, Mr.. Robinson orally asked for a convey
u ancc of the properties according 10 the
Il agreement. He says that on the follow
>, ing day, March 2l, he did in writing re
: quest DIR. Niles to convey by himself and
wife the premises mentioned. On April
80 another demand was made in Writ ing,
It according to the plaintiff, who says that
J. the defendant has refused to comply.
The plaintiff asserts that DR.. Niles la,
continued to exercise control over the
property and that on March l6, 1917,
II DIR. and Mrs. Niles executed to the Brat .
e tlcboro Trust Co. mortgage to cover II
note for 81 600 to the Trust Co., also
-, dated March 10, 1911, signed by both Dr,
" and Mrs. Niles, the mortgage being on
i""' VI Wv l"''''0 VI i"H" T''f ip"7lN
r described, and that the money thu, pro
a cured was used for their own benefit
The plaintiff AYERS that the defendant
have tried to place other mortgages on
the premises, and in asking for an in.
junction he declared that they were still
trying to further cucumber the propcrt Y
.. and he believed they would convey il t.
" other purchasers unless restrained.
Mr., Robinson asks that the court issu,
an order directing the defendants to con
= vey to him the whole of the property fire,
81 and clear of any incumbrancc place.
thereon since it was conveyed TO DR.
y Niles.