Same v. Same

Supreme Court of Louisiana

Same v. Same

46 La. Ann. 1417

CourtSupreme Court of Louisiana

DecidedNovember 15, 1894

DocketNo. 1288

StatusPublished

This text of 46 La. Ann. 1417 (Same v. Same) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Same v. Same, 46 La. Ann. 1417 (La. 1894).

Pincite

Opinion

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.

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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.

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Bluebook (online)

46 La. Ann. 1417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/same-v-same-la-1894.