Lise Prevost, a free woman of color also known as Eliza Prevost, seeks $2,000 in damages from a free man of color named François Birott. Prevost represents that Birott, a recently widowed man “induced by the feelings of nature not any longer to live without a helpmate,” promised to marry her “as soon as it would conform to the holy catholic religion.” Accordingly, Prevost and Birott sealed the promise with a binding agreement signed before a Justice of the Peace in New Orleans on the 23rd of June 1823. Birott promised that, until the time when they could be married before the church, he would treat Prevost as “a loving wife.” On the strength of such promise, Prevost remained unmarried, waiting for Birott. The latter, however, did not wait for Prevost; in 1824, he married a woman named Guillory. Prevost claims that Birott agreed to marry her “intending craftily and subtly to deceive and injure” her and she charges that the breach of promise has caused her to sustain $2,000 in damages. She seeks an order directing Birott to pay the damages.
Result: Partially granted.
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Repository: St. Landry Parish Courthouse, Opelousas, Louisiana
