Same v. Same

Supreme Court of Louisiana

Decided November 15, 1894

Supreme Court of Louisiana · decided 1894-11-15

<p>APPEAL from Fifth Judicial District Court, Parish of Ouachita. Richardson, J.</p>

Cited by 1 later decisions — most recently February 1953

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1894-11-15

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¶1The opinion of the court was delivered by

McEnery, J.

¶2In a dation en paiement the thing transferred to the wife must bear a just proportion in value to the amount due the wife. A sale is an entirety, and there is no contract where there is no agreement as to the price. If the property transferred to the wife esceeds appreciably the debt due her, she can not be permitted to retain a part of the property transferred and remain a creditor to the community for the difference.