HomeMy WebLinkAbout2379 , remaining defendants ~vlodulex, New Jersey and Kroywen, Those defendants
have stipulated to the entry of this judgment and the Cwrt finds the equities
in this cause are with the plaintiff and the pl~intiff is entitled to a judgment.
The injunction bond in the amount of $1, 000. 00 posted by the plaintiff and its
surety, Hartford Accident and Indemnity Company is hereby discharged and
the plaintiff and the aforesaid surety released from any and iiability thereunder,
4. The Court finds that the mortgage sued upon by the plaintiff in ttris
cause constitutes a valid prior lien upon the property hereafter described as
against all defendants and all persons claiming by, through, or under those
defendants. The liens against the crop in favor of New Jersey and Kroywen
have been satisfied and those defendants have no further claim against any
crops or the real property which are the subject matter of this cause. F
5. Pursuant to the stipulation and notice of voluntary dismissal, the ~
counterclaims of defendants hlodulex, New Jersey and Kroywen against
plaintiff Talcott, and their proposed counterclaims against Sargeant Citrus
Products, Inc. , J. Stanley Sargeant, John I. Van Voris and Shackleford, ;
Farrior, Stallings & Evans, P. are dismissed with prejudice.
b. The Court has previously appointed Mr. J. J. Parrish as Receiver
in this cause. Thereafter, upon stipulation, Mr. Parrish resigned and
; Mr. Richard Langford was substituted as Receiver. The Court has reviewed -
E the petition for fees and expenses of Mr. Parrish and his attorneys, Henderson ~
~ .
~ and Matheny. There being no objection from plaintiff, the only remaining party -
~
~ of interest in the litigation,bthe ~rt finds a fee of $~~0~35~ to be a proper fee
s .
~ for Mr. Parrish, a fee of o be a proper fee to his attorneys,
~
- - Henderson and Matheny, and further directs all Receivership expenditures
~ to be paid from the revenues of the Receivership, to the extent funds are
~ available. The balance, if any, necessary to satisfy the obligations of the
~
- Receivership, shall be made a part of this judgment. Mr. J. J. Parrish and
L' his surety, Hartford Accident and Indemnity Company, are hereby discharged
~
and acquitted from any and all liability arising out of or related to the
~
Receivership herein, subject to the filing, acceptance and approval of his
~
~ final accounting, and an actual accounting as to the assets and liabilities
-2-
~
w
~
K _ soaK 22i ~E23?9