Dares v. O'Donnell

HIGGINS, Judge.

Mrs. Lydia Dares, divorced wife of Paul D. O’Donnell, brought this action against her former' husband to recover the sum of $150! alleged to be due under the terms of an authentic act of partition, in which the community of acquets and gains was settled between them.

The defenses are, first that the purported act of partition is a nullity and should be rescinded because at the time it was executed by them the judgment of divorce had not been signed and, therefore, the parties were without capacity to bind themselves under the provisions of articles 1782 and 2446 of the Revised…