Nelson v. Walker

As I view the holding of the majority herein it is in effect based on the premise that a community property settlement con-fected between husband and wife subsequent to judicial separation but preceding divorce, and containing a waiver of the wife’s right to alimony, is an absolute rather than a relative nullity rendering such a transaction incapable of ratification after divorce and immune to the curative effect of the ten years prescriptive period provided in LSA-C.C. 2221.

I believe that in so holding my learned colleagues have fallen into error.

There can be no question but that a contract…