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IN THE CIRCUIT COURT OF THS 19TH
JUDICIAL CIRCUIT IN AND I~OR ST.
LUCIE COUNTY, STAT$ OF FLORIDA.
CASE N0. 73-857-CA
MAMIS CARTER and ~
TSSIE MAE WINDBUSH, ~
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Plaintiffs, ~
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-vs- ~ i
JACR MCCARTHON, ~ .
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Defendant. ~
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F INAI: JUDGMENT
This is an action for ejectment brought by
MAMIE CARTER and ESSIE MAE WINDBUSB against JACR McCARTHON.
The Plaintiffs are the sole surviving heirs of MINNIE HENDERSON,
Deceased, who was at the time of her death record title owner
of the followinq described property:
Lot 16, Block 2, Subdivision~of South
425 feet of SW 1/4 of NE 1/4 of SE 1/4 -
and North 165 feet of NW 1/4 of SE 1/4
of SE 1/4 of Section 4, Township 35 South,
Ranqe 40 East, St. Lucie County, Florida.
I~ After the death of MINNIE HENDERSON, title to the above-
!
~ described property was vested in the Plaintiffs by virtue of
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an Order of Administration Unnecessary. At the time of the
filing of the Complaint in this matter, JACK McCARTHON was in
actual possession of this property and the Plai.ntiffs brought
this action to Iiave him ejected therefrom. The Defendant
raised two defenses; first, that JACR McCARTHON had an equitable
lien in the property for money he paid toward the purchase,
maintenance and improvement of the property, and secondly,
that the property was purchased by he and MINNIE HENDERSON,
but that the title to the property was vested only in MINNIE
HENDERSON because JACR McCARTHON had a valid existing marriage
and that tHe property was held in trust by~MINNIE HENDERSON
for the use and benef it of both MINNIE HE~iDERSON and JACR
McCARTHON.
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