Miller v. Miller

On Rehearing

PONDER, Justice.

On this rehearing the defendant (husband) contends that the act designated as a dation en paiement is a nullity on its face, and, in the alternative, if the instrument on its face is valid, that parol evidence is admissible to show that there was no real indebtedness on the part of the husband to the wife.

The plaintiff and defendant were married on December 9, 1930, each owning separate estates. On August 21, 1942 the husband executed an act purporting to be a dation en paiement to his wife, conveying one-half interest in 145 acres of land located in East Feliciana…