Arzuaga Soravilla v. Rodriguez Lara
Arzuaga Soravilla v. Rodriguez Lara
Opinion of the Court
Order by
Number 131, above, is a bill to quiet title. It was filed seven
The bill thus tendered alleges the surprise of the complanant therein at learning a decree had been entered against him in this court some two years before, and sets out at length the fact that he employed a lawyer, one Ramón Nadal Santa Coloma, to defend the suit against him, and that for some reason his lawyer not only neglected to attend to the matter, but wholly deceived him about it by informing him that the case was receiving proper attention, and that he only recently before learned of the entry of the decree. The bill further sets out many reasons why the bill for review ought to be permitted to be filed.
Counsel for plaintiff in the first suit resisted this effort to- file the bill for review, contending that the decree had been properly and regularly entered, and alleging many reasons why it ought not to be disturbed. Counsel for both sides prepared and filed briefs on the subject, and it seems that oral argument was shortly thereafter had before a previous incumbent of this bench. We are unable to say why 'previous judges failed to consider this matter and permitted it to drag along through all these years without disposing of it.
We have examined the original bill, which is a plain suit in equity, formally drawn, to quiet title to some 200 cuerdas of
We have examined the subject with a good deal of care and have concluded as follows: It is a serious thing to deprive a man of his property in this informal way, if he really owns or has any right to it. ' In those early days of American occupation on the island, the natives, in the nature of things, did not understand our practice or procedure. It transpires that this- lawyer the defendant’ hired- was not even a practitioner in this court, and it may well have been that he was in fact guilty of neglect in the premises, and deceived him. after receiving a fee to attend to the matter, as alleged. Further, we are of opinion that there is not much merit • in: the many other points made for setting aside the decree,' and cannot, without a showing, ascertain what merit there may be in the claims of defendant.
Therefore complainant in this bill of review will be permitted to make a showing by affidavit within thirty days, as to what his alleged title to the- land in question really is, and if the court is then of opinion,'after hearing the same, that he really has a meritorious defense to the original suit against him, such further action in the premises will be permitted as the court may deem proper, and it is so ordered.
Reference
- Full Case Name
- MIGUEL ARZUAGA SORAVILLA v. MANUEL RODRIGUEZ LARA and MANUEL RODRIGUEZ LARA v. MIGUEL ARZUAGA SORAVILLA
- Status
- Published