Alachua County Clerk of the Court Seal Alachua County Clerk of the Court
J.K. "Jess" Irby, Esq. - Clerk of the Court
Historical Records
Judgment Record E
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Judgment Record E Page 151
January 12th 1883
Benj H. Micon as Executor for       } In the Circuit Court of
Anne C. Sims Decd                   } Florida 5th Judicial Circuit in
            vs                      }  and for Alachua County
John R. Zetrouer                    }     (Ejectment)
    In the above stated cause it is agreed that the Plaintiff
shall have Judgment on his complaint for the interest sued for
therein but it is further agreed that no writ of possession shall
issue on said Judgment if the Defendant will surrender to
Plaintiff the possession of Eight hundred and thirty three acres
of said lot number Six (6) of the Levy grant in Alachua County
and release the same to Plaintiff out of such land as 
lies on the West side of the Florida Southern Rail Road excepting
such land as Defendant has sold proper to the commencement
of this suit and of enough of the balance of said land
lying on the East side of the said Rail Road to be taken
from the south end of said eastern half of said lot number
six and as nearby adjacent to the first said land as may
be to make up the sum of Eight hundred and thirty three
acres (833 acres) leaving out also such land as had been sold
by said Defendant before the commencement of this suit It
being the purpose and intention of both parties to this agreement
that said Defendant shall have the full benefit of all his
improvements made on said tract lot number six and it is further
agreed that if said Plaintiff Benj H. Micon and also his wife
Mary J.C. Micon who is the Devisee of said land under the will
of Anne C. Sims Deceased shall not agree to and carry out this
agreement then tis Judgment shall be set aside and stand
for nought and the trial of said cause shall proceed as if no
such Judgment had been entered This agreement if fully
carried out is to be a full satisfaction of Plaintiffs claim to
one individual half interest in said land unless and until one
Tunno now setting up a claim to the other undivided half interest
interest in said land or some other person who may be the
claimant or owner of the other said half interest in said land
to wit the Nightengale interest shall recover a Judgment
for said interest in which event the Judgment now to be entered
in this cause and the Quit Claim Deed provided for shall
be set aside and held for naught and this cause shall be
restored to the Docket of the Circuit Court and stand for trial
as if it had been regularly continued from term to term. But if
the party who holds the title to the Nightengale or Tunno
interest in sail land shall bring suit for the same and be
defeated therein, then this agreement shall stand in full force
and effect. Each party to pay his own costs in this cause
Jany 12th 1883            David T. Blakey

Transcribed by Karen Kirkman 16 April 2015
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