RONNIE JOHNSON & 5 }C0 IN THE CIRCUIT COURT OF SHELIA JOHNSON, neon 99 guts, b PLAINTIFF sate ) Feu 5) JACKSON COUNTY, ALABAMA s CIRCUIT COLIC vs. ” ) SHADRACK MCGILL & ) HEATHER MCGILL ) ) caseno.: cvao10-_]4Y DEFENDANT ) OMPLAINT Plaintiffs are over the age of nineteen years and are residents of Jackson County, Alabama, Defendants are individuals living the State of Alabama and doing business in Jacksoa County, Alabama, COUNTI ERAUD 1. On or about the eleventh day of January, 2005, the Plaintiff and the Defendants were negotiating regarding a lease/purchase agreoment of a piece of property allegedly csned by the Defendants in Jackson County, Alabama. 2. Atte time of these negotiations, the Defondants assured the Plaintiffs that the Defendants owned the property and that they could convey the property tothe Plaintiffs free of all liens and encumbrances if'and when the Plaintiffs fulfilled their obligations under the contract. 3. Said assurances and representations were false and the Defendants knew they were false in that the Defendants did not have clear ttle, Rather, the property is subject to a mortgage executed by the Defendants which remains unpaid, 4, Inreliance of the false representations and assurances made by the Defendants, the Plaintiffs signed an agreement which the Defendants prepared or had prepared in which the Plaintitl agreed to pay the Defendants $50,000.00, with interest at 20.20% over a period of 60 months with ‘monthly payment of $1,330.26. 5, On January 28, 2010, when the Plaintiffs tendered the sixtieth and final payment of $1,330.26 to the Defendants, said Defendants refused to accept the payment and refused to convey the property to the Plaintiffs, 6. The Plaintiffs have recently learned that the Defendants do not have clear title to the property and cannot convey clear ttle to the Plaintifis 7. ‘The Defendants have accepted $79,800.00 in payments from the Plaintiffs with full knowledge that they had mortgaged the property and with no intention of conveying the property to the Plaintiffs 8. Asa proximate consequence of the Defendants’ fraud, the Plaintiffs were caused to suffer the loss of $79,800.00 and other consequential damages,9. The Plaintiffs also claim punitive damages of the Defendants due to the intentional nature of the fraud. WHEREFORE, premises considered, the Plaintifts demand judgment against the Defendants, and each of them, in the amount of One Million Dollars ($1,000,000.00), plus court costs and attorneys fees. Plaintiffs further pray For such damages, compensatory and punitive, attorneys fees and such other relief as the court deems proper COUNT IT BREACH OF CONTRACT 1. On of about or between November, 2004, and January 11, 2005, the Plaintiff and the Defendants, and each of them, entered into a contract and/or agreement by which the Defendants, and each ol them, agreed to lease to own certain property held by the Defendants in reuum for monthly payments, ‘The parties agreed that at the end of the contract term the Defendants would deliver to the Plaintiffs a warranty deed to the subject property. 2. Defendants, and each of them, breached said contract and/or agreement by failing to accept final payment from the Plaintift and failing to present the Plaintiffs with a warranty deed to said property, as per said contract and/or agreement. WHEREFORE, premises considered, Plaintiffs demand judgment against Defendants, and each cof them, in the amount of One Million Dotlars ($,000,000.00), plus court costs and attorneys foes. Plaintiffs further pray for such damages, compensatory and punitive, attorneys fees and such “other relief as the court deems proper 1. On or about January 11, 2005, the Plaintiffs and the Defendants entered into a contract whereby the Defendants agreed to convey certain property to the Plaintiffs in exchange for the Plaintiff's payment of sixty (60) payments of $1,330.26. 2, The Plaintiffs fulfilled their obligation under the contract and the Defendants fail and refuse to convey the property 0 the Plaintiffs as agreed. WHEREFORE, premises considered, the Plaintiffs pray this Honorable Court will order the Defendants, and each of them, to convey the subject property to the Plaintiffs free of all liens and ‘encumbrances. Plaintiffs further pray for such damages, compensatory and punitive, attorneys fees and such other relief as the court deems proper.P.O. Box 681269 Fort Payne, Alabama 35968-1614 286-845-2423