Miller v. Miller

SIMON, Justice.

The validity of an authentic act of dation en paiement executed by a husband and wife wherein the husband conveyed a one-half undivided interest in his separate property to extinguish a debt due to his wife in the sum of $750, which sum he therein acknowledged having received from her sep *885arate funds and having used in his personal and business affairs, is assailed by the husband.

Plaintiff and defendant were married on December 9, 1930, each then owning and possessing separate estates, the wife’s estate being situated in the Parish of St. Helena, and the husband’s in the Parish…