Boyett v. Ingram

The basic law of this state is that persons legally married are, until a dissolution of the marriage, incapable of contracting another, LSA C.C. Art. 93, and the nullity of such a marriage is absolute and insusceptible of confirmation or ratification. It is unnecessary that a direct action be instituted for the purpose of setting aside such a marriage and its nullity may be demanded by way of exception or defense. Summerlin v. Livingston, 15 La.Ann. 519 (1860), Ranney v. Burthe, 15 La.Ann. 343 (1860).

In Rhodes v. Miller, 189 La. 288, 179 So. 430 (1938) the court held that estoppel and the…