The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1919-02-25
Edward S. Cooley Seeks to
Have Deed to House Set
Aside
SAYS PROPERTY
BELONGED TO HIM
Mrs. Wilder Held Title and Trans
ferred it to MIR. and Mrs. George P.
Miller-Injunction Modified in Case
of Cudworth VS.. Dakins.

Two interesting chaneery matters
have just been filed in the county clerk J
Office, one involving the title TO the
house on the south side of Chestnut
street occupied by Edward S. Cooley,
and the other being q modification of an
injunction order in the case of A. F..
| Cudworth, trustee, nl behalf of cred
| itors, against f. W. & j. ~ Dakin the
Loomis- Dakin Co., b. c. Howard, the
Peoples National bank and H. 6. Bar
Der.
| In the Cooley case the plaintiffs are
Edward s. Cooley, who is employed by
The S. a. Smith Mfg. Co.. and his son,
| Carl f. Cooley, of Hartford. Conn, and
1.-THE defendants are George p. Miller
and his wife, Mrs Emma r. Miller, and
Wilder, all of Guilford. and the Brat
with Mr.. and Mrs. Miller.
The plaintiffs set up the fact that
Mrs. Wilder was the mother of both
Mrs. Miller and Mrs. Nellie C. Cooley
Edward s. Cooley's first wife, who died
April II, 1902. They state that Mrs
Wilder s husband, Warren J. Wilder OF
Gnilford. who died before Oct. l, 1898
left his wife property to the amount
of $4,000.
A short time before Oct /, 1898, the
plaintiffs state, Mrs. Wilder informed
Edward S. Cooley and his wife that be
fore Mr.. Wilder Is death he requested
her to buy house and lot in Brattle
,boro, not to exceed $4,000 in price, on
Of funds she should receive from hi
estate. and give the house and lot t
Mr.. Cooley, TO be used by him and hi
. wife SO long as either lived, the prop
erty thereafter to become the propert,
, of Carl f.. Cooley. Mrs Wilder askc,
Mr.. and Mrs. Cooley TO select hnus
and lot, the plaintiffs state, which the
did, Mrs. Wilder buying a house an
lot of Ceylon J. Goodale on the sout
side of Chestnut street for $3.50.
Mrs Wilder took title to the plae,
but gave the property to the plaintiff
it is averred, and Edward S. Cooley ha
\ lived there ever since. making repair
, to the amount of 500, paying the take
all the time. believing the property I
be that of himself and wife and son.
It The plaintiffs allege that during I'll
past year Mr.. and Mrs. George p. Mi
Ter have induced Mrs. Wilder, who hs
become infrm through age, to execut
!, and deliver TO them q warranty dee
= of the property without the knowleds
!, or consent of the plaintiffs.
! 1t Is averred that Mr.. and Mrs. Mill,
induced Mrs. Wilder to mortgage IL
= property to the Brattleboro Trust c,
y for their benefit, which clouds the It'll
= = and they ask that the mortgage be a
:. clared void and that the deed to Nj
: and Mrs. Miller be declared void an
: that Mrs. Wilder be ordered to ex
= cute a sufficient deed to the plaintiff
y In the suit of Cudworth against Il
~ Dakins and others, Chancellor Fred !
Butler has Just issued an order modifyi,
Ian Injunction, The bill was brought f
creditors of the Dakins alleging that &c
tain notes of SlS,500 given by III. G.. Ba
n Der were for the purpose of taking ca
L of debts of the Dakins, who built N
Ba~ber's block and that the defendan
used the notes for other purposes. +
gn injunction restrained all parties fro
collecting, transferring or changing t
teondition of the notes until it is dete
mined to whom the proceeds belong. u
: hank and Mr.. Howard ask for dismiss
- OF the bill on the ground that il did n
y ~ disclose equitable grounds on which t
injunction could issue Chancellor But
~ ~ modified the injunction to permit \
e. Barber to pay either or all of the not
- ~ into the hands of County Clerk +. ID.
~ - Stowe, who is appointed to receive a
y hold them to await the outcome of tht
proceedings or the further order of I
court
This means that the proceeds of |
notes amounting TO s20,050 will be h
IN by the county clerk until it is determr
whether the money belongs to the ere
tors or to the bank and Howard In
FIJI, event that the bank and Howard do
the wish to proceed to collect the notes
on Mr. Barber for the benefit of the CRED
lin ors the original injunction will rem
sph in full force.