Juzan v. Toulmin
Supreme Court of Alabama
Appeal from the Court of Chancery sitting at Mobile. The plaintiffs in error, Peirre Juzan, John B. Juzan, and Gertrude C. the wife of the latter, exhibited their bill against the defendant; the allegations of which, so far as material to the understanding of the cause, may be thus condensed.
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Appeal from the Court of Chancery sitting at Mobile. The plaintiffs in error, Peirre Juzan, John B. Juzan, and Gertrude C. the wife of the latter, exhibited their bill against the defendant; the allegations of which, so far as material to the understanding of the cause, may be thus condensed. In 1795, Daniel Juzan and Louisa Laurendine, the father and mother of the complainants, Peirre and John B. intermarried in the vicinity of Mobile, then part of the province of West Florida, and under the dominion of the King of Spain. About the time of this marriage, Baptiste Laurendine, the father of…
1Opinion of the CourtCollier, C. J.
The allegation in the original bill, that the “ St. Louis” tract was conveyed by John Baptiste Laurendine, the elder, to D. Juzan and wife, to the survivor of them, and afterwards to the children of the marriage, is not supported by the proof; and it may perhaps be inferred from the frame of the amended bill, was intended to be abandoned. As a substitute however, for this ground of relief, the complainants state that the elder Laurendine and his wife, *683made their will, by which each bequeathed and devised to the other, one half of their respective estates, and the residue to their children ;…
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