The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-17
BOLD MAN OF The LAW SUES
FOR PROFIT OF HIS VENTURES
IN kENTJCKY MOUNTAINS.

NerNe as well As MmOWleuKc, nut VINO
on't Pay NTH He seIls. and Won't
sell -Trouble Began Before the war.
The experiences OF a lawyer and his client
with the mountaineers OF southeastern
Kentucky form part OF papers submitted
yesterday to Justice Dayton in the Supreme
Court. The lawyer is William C. Clopton.
formerly Of Al Wall street but now retired
and living in Baltimore. His client was
Paul N. Sponard, but Spoffard Ia now the
defendant. Clopton and Thomas q. Stuart
having begun a suit against him TO recover
S75. 900 for legal services rendered.
William C.. Clopton had much litigation
with his wife. Minnie L. Clopton, who
brought three successive suits for a separa-
ton, each Of which wac dropped after a
econciliation Clopton il also known as a
collector OF violins. The present Mrs.
Clopton Ia the lawyers third wife.
According TO the complaint in the action
Spoffard came to Clopton's Office in 1888
and retained the lawyer to obtain for him
clear deeds to several parcels Of property
in the southeastern part Of Kentucky.
II appears that in 1855 a deed Of trust
was executed 70 the North American Land
Company embracing these lands. which
aggregated 4sa. 900 acres. The deed Of trust
was secured by several notes. made by
John Watson. Gorham Parks and Mary
Ann Parks. who had executed the deed Of
trust. The notes were not paid when they
fell due and in 1890 Spoffard and William
". ~Tilghmsn. to whom the deed and notes
had been assigned by the land company,
began an action in the Kentucky courts TO
foreclose the deed Of trust.
Judgment in favor Of Spoffard was entered
in 1882 and a sale Of the properties was
directed. but the civil war put an end TO
Spoffard's energies and nothing was lone
about the judgment till June "a. 1885, when
a sale was had, at which Spoffard became
the purchaser of the lands.
Clopton says that in November, 1885.
Spoffard. a perfect stranger to him. walked
into his office and asked him to undertake
the task OF clearing up the title TO the KEN
lucky lands and putting Spofard in pos
session
VI told me-" Clopton continues, that
many years before he had one dow TO
Kentucky. hut had barely escaped with his
life, after running down stream twenty
five miles TO Catlettsburg TO save his body
from the worms Of Kentucky soil. He
would not go there again. he said. among
those bloodthirsty PEG pie for the whole
State If Kentucky in fee simple. and he
came 10 me. he said. because he had learned
that ! W as not afraid to risk my life in the
venture. and that I would probably be will
ing to undertake the business and would
secure 1t If anybody could. ss the prize would
be wort h the venture.
Which ! afterward very seriously
dou bted." Mr.. Clopton comments. when
in the noun tains Of southeastern Kentucky.
and | have often thought since that only a
hold and intrepid front brought me safely
back within the confines Of civilization"
Clopton says that Spofard haggled with
him over terms. but finally they agreed on
$500 cash down and 81 per cent. of whatever
Spofard should afterward realize from the
sale Of the property. Accordingly Clopton
engaged Stuart. who is in practice at Win
chester. Ny" and together they waded
had been in the court clerks Offices for
years. Then they went up country to ex-
anime the property, and II was there that
they met with the experiences with the
mountaineers. who probably mistook them
tax collectors or gaugers.
II took Tour years 70 clear up the titles
held by SpoYfard, and in 1892 he got clear |
deeds to all the lands embraced in the
46a 600 acres. Some idea Of the size Of
that there are only 1900 acres in Man
haitian Island and but 200, 900 acres in all
Greater New York.
Clopton and Stuart say that they have
personal knowledge that Spoffard has
received one IONA fide offer of S25O,OOO for
his lands, and that he has repeatedly re-
fused to consider hat and other offers
made by responsible persons. Under their
with him their 30 per cent. de-
ponds on a sale of the property. and Spot
fard has insisted that until he sells he owes
them nothing. The lawyers consider his
repeated refusals TO sell as violations of
their contract with him, and have asked
the court 10 adjudge hat they are en-
titled TO SIS, 900. or 80 per cent. on $3.50. 900,
the amount Of the offer which they assert
he refused.
Spoffard. in his answer, denies owing
the lawyers anything and also depies
that he has received any responsible offers
for the lands he owns. As the suit has
been noticed for an early trial, and as Clopton
TO start on a foreign tour. Lawyer
VI. Parsons, representing Stuart and
obtained Yesterday from Justice
an order for the examination of
by commission in Baltimore. The
commission will issue to J. Kemp Bartlett
If that city, and Tracy a Sherman, counsel
Tor Spoffard, will he there 10 cross-examine
and make him tell more about
kentucky adventures.