Foster v. Smith

SAVOY, Judge.

This is a proceeding brought by Thomas V. Foster to set aside a dation en paiment made by him to his wife, now deceased, Amelia Smith Foster. Named as parties defendant are the legatees of Amelia Smith Foster.

From a judgment granting the plaintiff the relief sought and decreeing the dation en paiment to be null and void, the, defendants prosecute this appeal.

The record reveals that plaintiff was married to Amelia Smith on or about February 20, 1908.' During the marriage between the-' parties certain community property was accumulated. On October 15, 1932, while plaintiff was…