HomeMy WebLinkAbout0274 ~ IN THE CIRCUIT COURT OF THE NINETEENTH
`;vi~94~ OC UNITY~P`LORIDAT, IN AND FOR ST . LUCIE
CASE N0. 74-770 CA
JAMES D . REVELLE , .
• Plaintiff, .
-vs- .
ELEANOR ELLIOTT, . r
Defendant. .
FINAL JUDGMENT OF FORECLOSURE
THIS ACTION was tried before the Court. On the evidence and
testimony presented and the Court having heard the arguments of the
respective Counsel for the parties
IT IS ADJUDGED that:
1. The Defendant, ELEANOR ELLIOTT, signed the promissory note
and mortgage sued on in this action with the intent of mortgaging
her home, notwithstanding the incompleteness of the instruments at
the time of her signing the same. ~
2. The money which was loaned from Plaintiff, JAMES D. REVELLE,
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' to Defendant was loaned to Defendant personally, or to her personally
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~ as her capital contribution to a paztnership known as "ELLIOTT INTERIORS".
3. The mortgage and promissory note secured thereby are in viola-
= tion of Florida Statute 687.04 on their face; that Defendant paid to
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~ Plaintiff $400.00 interest on the sum of $10,000.00 which was the 'sum
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~ actually loaned to Defendant, and that the Plaintiff accordingly shall
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t forfeit double that amount of interest -$800.00.
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~ 4. Plaintiff, JAMES D. REVELLE, is therefore due $9200.00 as
~ principal, and $900.00 for attorney's fees with $57.50 Court costs
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j~ now taxed under the note and mortgage sued on in this action, making
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:Y= a total sum of $10,157.50.
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5. Plaintiff holds a lien for the total sum superior to any claim
= or estate of Defendant, ELEANOR ELLIOTT, on the following described
property in St. Lucie County, Florida:
~~~y The south 100 feet of the N. 340 feet of the East 1/2 of the
° Northeast 1/4 of Section 35 Township 35 S Range 40 East; together
with all riparian rights appertaining thereto; less and excegtinb
however, a11 rights of way for public roads and the Florida East
Coast Railway. ~
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BOOK PACE '
273
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