U.S. v. 42.5 ACRES, MORE OR LESS

Civ. A. No. 1:90cv79GR.

834 F.Supp. 912 (1992)

UNITED STATES of America, v. 42.5 ACRES, MORE OR LESS, OF LAND AND PERSONAL PROPERTY, LOCATED IN the FIRST PROPERTY JUDICIAL DISTRICT OF HARRISON COUNTY, MISSISSIPPI, Described as Follows: Parcel No. 1: Part of the W½ of the SW¼ of the NW¼ of Section 34, Township 7 South, Range 13 West, Harrison County, Mississippi, more particularly described by metes and bounds as follows: Begin for Survey at an iron pipe located on the Section Line, said point of beginning being S 00° 26' W and 1396.0 ft. S of the NW corner of Section 34; thence S 89° 42' E for 300.0 ft. to an iron pin on the West Line of "Lake Drive"; thence S 00° 26' W for 528.0 ft. to an iron pin; thence N 89° 42' W for 300.0 ft. to an iron pin on the Section Line; thence N 00° 26' E for a distance of 528.0 ft. along the Section Line to an iron pin and point of beginning, containing 3.64 acres, more or less. Parcel No. 2: A parcel of land in the E ½ of the NE ¼ of Section 33, Township 7 South, Range 13 West, Harrison County, Mississippi, more particularly described as follows: Commence at the NE corner of Section 33, T7S, R13W, Harrison County, Mississippi, and run in a southerly direction along the east line of Section 33 a distance of 486.7 feet to the intersection of the South margin of County Railroad ROW, a fence post, the point of beginning; run thence S 33 degrees 27'17" W along the RR ROW 1866.3 feet to a fence post; run thence S 56 degrees 32'43" E along the RR ROW 50 feet to a fence post; run thence along the arc of a curve in the RR ROW 764.0 feet (chord length: 750.0 feet, S 18 degrees 12'18" W) to a concrete marker (the SW corner of the E½ of the NW¼, Section 33); run thence N 87 degrees 02'54" E 1328.8 feet to a concrete marker (the SE corner of the E½ of the NW¼, Section 33); run thence N 2 degrees 42'37" W 2231.2 feet to a fence post, the point of beginning. This parcel contains 38.9 acres, more or less, and is a part of the E½ of the NE¼ of Section 33, T7S, R13W, Harrison County, Mississippi. Together with all and singular, the rights, privileges, improvements and appurtenances to the same belonging or in any wise appertaining; and, also All improvements, buildings, structures, appurtenances, all contents of said improvements, buildings, structures, and appurtenances, together with any and all fixtures, furnishings, goods, wares, appliances, jewelry, gold, silver, currency, cash, artifacts, implements, machinery, equipment, lumber, livestock and property of every description, both real and personal, located on said 42.5 Acre tract, Defendant Property.

United States District Court, S.D. Mississippi, S.D.

October 8, 1992.


Attorney(s) appearing for the Case

Donald Waits, for plaintiff.


MEMORANDUM OPINION

GEX, District Judge.

This matter came on for hearing on motion of the United States of America (Government) for a default judgment of forfeiture, for a judgment of forfeiture on the merits and for summary judgment. Based upon the entire Court record in this matter and an evidentiary hearing conducted September 29, 1992, this Court finds and adjudicates as follows:

The motion, the hearing conducted this date and, consequently...

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