Miller v. Miller

The basis of the majority opinion on rehearing is predicated on the holding that the dation is null ab initio because the redemption clause is prohibited under LSA-C. C. Art. 2031 which provides that “every condition of a thing impossible, or contra bonos mores (repugnant to moral con*901duct) or prohibited by law, is null, and renders void the agreement which depends on it.” I respectfully dissent therefrom and, in addition to my original opinion, assign the following reasons:

The questions presented are: (1) Is a dation en paiement of an immovable by a husband to his wife, in restitution of her…