The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1888-07-26

AAtlsafiOri I'm the Celebrated ROclxl,rid@s
Alum Springs Suit Finally Faded.
On July 10Th Judge Keith, at a special
Term of the circuit court of this county,
entered decree in the case of Frazier IS
Guardian VS.. Frazier's administrator and
ais. commonly known as the Rockbridge
Alum Springs case), which finding deter
mines the litigated questions remaining
in that case.
The question for determination was
what compensation. if any. should be given
from the fund to the administrator of
Thos. J. Niche for legal services rendered
before his DEATH in addition to what Jas.
"a. Frazier had already paid him.
Under the written contract between
Niche and Frazier, Niche was to con-
duct all litigation in the suits for Frazier
TO final decree, and was to receive y per
cent. of the net recovery for Frazier as his
compensation.
Mr.. Niche, however, died in June, 1878,
and Frazier at large expense had employed
counsel to take his place, and to carry his
case before the court of appeals. Judges
Christian, Robertson and ex-Attorney
General Blair being among the number so
employed.
Mr. Frazier had paid to Niche during
| his lifetime "a 500 on account of his fees.
Judge J. w. Green Smith, in his report
as commissioner, ascertained and reported
that Frazier still owed Michie's estate
$50 661 .9S as of May 10th, 1883, after ap-
plying as credits the 81 500 already paid
by Frazier.
In arriving at this conclusion the COM
missioner took as a recovery of Frazier,
his interest ($10l ,340.10) in the sale of the
Rockbridge Alum Springs property Sept
LIST, 1868. at which Frazer became the
purchaser at the price of 1926, 900, but
which afterwards at a resale only brought
enough to pay the balance of purchase
money due thereon, after applying as
credits thereto the above interest of Fra
zier therein (SlO1 $40 10Y and over 1000
which Frazier had paid thereon.
Frazier contended that he owed Michie's
administrator nothing. owing to the
81, 500 already paid him, the heavy ex-
pense of employing other counsel to take
his place at his death, and the fact that
the purchase of the Springs property in
September, 1865, which purchase Mr..
Niche advised, had resulted so disas-
trously.
Judge Keith held that the pretensions
of Frazier were correct and that he had
already by the payment of $4,000 fully
compensated Mr.. Niche for his legal SER
vices rendered in the case. In rendering
the opinion, Judge Keith paid high COM
pliment to the legal ability of Mr.. Niche.
He also regarded the sale of the Springs
property on September l, 1868 at 1886 900
as a fictitious one. which would have
ruined James A. Frazier financially but
for his subsequent recovery in the case.
and that it would be error and great inius
tiee to charge Frazier with Il per cent. of
his apparent recovery under that sale for
counsel fees, when in reality it resulted in
no recovery at all.
The case was deliberately argued by
Elder & Nelson, attorneys for Michie's
estate, and by W. E, Craig, attorney for
| Frazier,
Even had Michie's estate made recov.
cry it would not have benefited his family;
it would haye all gone to pay a fduciary
liability in the old Peck and Bowden suits.