Cotton v. Washburn

McCALEB, Justice

(concurring).

Since the defendant admits in his testimony that, at the time he and plaintiff purchased the property herein,.he intended to give her title to one-half and that it was his'. desire to make it community, property, it is clear that this was a donation in contemplation of marriage. In view of this, defendant’s claim for reformation of the deed is without basis and his alternative demand for recovery of one-half of the funds supplied by him for the purchase of the property is not sustainable. Article 2291, Civil Code.

I therefore concur in the decree.