No. 1288 Precedential Processed

Same v. Same

Louisiana Supreme Court · Filed November 15, 1894 · 46 La. Ann. 1417

Also decided on this docket: La. Ct. App. 1st Cir., December 1, 1964 169 So. 2d 754; La. Ct. App. 5th Cir., June 1, 1964 165 So. 2d 850; La., July 15, 1887 39 La. Ann. 872; La., April 15, 1867 70 La. Ann. 162

Opinion text

The opinion of the court was delivered by McEnery, J. In 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.