Elize Allet petitions for a separation in property from her husband, Jean Baptiste Tardy. Elize represents that, when she married Tardy in 1839, she brought to the marriage two large tracts of land, as well as other property purchased at the estate sale of her late mother, Marie Julienne Marionneau, including a slave named Jack priced at $1,760. Since her marriage, she has purchased additional property from the estate of her late father, Thomas Allet, including a slave named John priced at $1,625. Tardy has since sold Jack and converted the proceeds to his own use. Elize now claims that her husband is deeply in debt and some of their property has been seized for the benefit of one of his creditors. She contends that the situation is such that her “dotal and paraphernal” property is in jeopardy. She therefore prays for a separation in property from her husband. She wants to recover in nature what is left of her property, including her slave John, and asks to be compensated for what has already been sold, including her slave Jack. Furthermore, she prays for an order enjoining N. Benoit, one of the creditors, and V. Blanchard, the sheriff, from selling her husband’s property, on which she claims a mortgage and privilege to protect her “just rights and claims.”
Result: Granted.
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Repository: West Baton Rouge Parish Courthouse, Port Allen, Louisiana
