Preslar v. Walker

Citations

• 116 La. 661
• 40 So. 1033
• 1906 La. LEXIS 547

Syllabus

<p>Feauduient Conveyances — Husband and Wiee—Dation en Paiement—Evidence.</p> <p>The charge of plaintiffs against the asserted claim of the wife against her husband was that it was fictitious and could not be made the basis of a dation en paiement which would enable the husband and wife to protect the property from the pursuit of creditors.</p> <p>In the dation en paiement, the property which the wife claimed as due to her by her husband was referred to as inherited property.</p> <p>In her answer she sought to have it taken as property donated to her by her father, i. e., a donation inter vivos.</p> <p>The title originally was placed in the name of the husband as purchaser. He declared, in the deed accepting the sale from his father-in-law, that it was a sale for which he paid a price stated.</p> <p>He afterward sold the property in his own name.</p> <p>After many years he and his wife seek to show that it was a donation to her inter vivos, and that she was a donee in the matter, and that this asserted indebtedness growing out of the asserted donation can stand for consideration in a dation en paiement, by the husband to the wife.</p> <p>Held, that parties must be held bound by recitals of deeds to immovable property, and after many years the change that would result in showing that, instead of the husband being the buyer of property, the wife was really the donee, cannot, on the testimony tendered, be made.</p> <p>(Syllabus by the Court.)</p>