Colom y Oliver v. Batlle
Colom y Oliver v. Batlle
Opinion of the Court
delivered tbe following opinion:
Tbis is a suit in ejectment for tbe possession of 337 cuerdas of land situated in tbe barrio of Mameyes Arriba, municipality of Utuado, in tbis island. By agreement of counsel it was tried before tbe court at tbe recent term without tbe intervention of a jury.
We bave just beard tbe stenographer read all of bis notes of tbe evidence, and bave carefully examined tbe pleadings and tbe large number of exhibits, consisting of deeds, contracts, and maps, and bave carefully read and considered tbe written arguments counsel bave filed in tbe cause, and tbe cause is again refreshed to our'recollection.
Tbe parties own adjoining estates or farms at the place where tbe land in controversy is. Both of tbe farms some few years ago belonged to a single estate which is tbe common source of title of both tbe parties. Tbe issue has narrowed itself down to one question of fact: That is, tbe proper position on tbe ground of a straight line, tbe calls for which are admitted to be tbe boundary. Its proper beginning on tbe west, at a ridge of rocks known as “El Seto,” is not disputed; but tbe whole contention is whether its eastern end touches at what was formerly a “guayaba” tree on tbe side of a bill known as tbe “Cuchillo de Alvarez.” Tbis is plaintiff’s claim, while defendants claim 'that its eastern terminus ends at a point some two or three “cordels” south of that “guayaba” tree at a “burro” tree stump on tbe same hillside. It seems that tbe sides of the disputed tri
There are many exhibits here of deeds for land along this division line, every one of them containing descriptions of land bounding with this 337-acre tract, and giving its northern line as running straight from “El Seto” to the “guayaba” tree. There is evidence that, after this plaintiff received the land, the defendants endeavored to establish on the ground a new line with this burro tree stump (tocón de burro), which the weight of the evidence shows never was heard of before, as the eastern terminus of the line from “El Seto,” which would give the coffee patch to the defendants. The line thus located gives
We saw and heard all the witnesses. We have examined the maps and deeds; in fact, defendants’ exhibit 0, which is an instrument executed by the common predecessor in interest of these parties as long ago as 1891, when consolidating all of his property for the benefit of his heirs, when mentioning this 337-acre tract in item 20 of the instrument, draws this same straight line as the northern boundary thereof from “El Seto” to the “guayaba” tree. There is abundant evidence tending to show that the defendant Mrs. Batlle, who is wife of the other defendant, José Batlle, and mother of the third defendant, Alicia Caballero, was in possession as manager of this 337-acre tract before it left her father’s estate on the execution aforesaid, and then, when she got possession, or her daughter did, of the land on the other side of the line, she evidently endeavored to keep this coffee patch, from the proceeds of which she had been living, and moved the line of her own property south so as to include it. This is manifest to us from all the testimony; so much so that in fact it would be ridiculous to hold any other way. There is abundant positive evidence to sustain such a holding.
The amended answer of the defendants in the cause denies the citizenship of the defendant Alicia Caballero y Perez, and claims that she is a Porto Bican; but, as the plaintiff is a
Reference
- Full Case Name
- JAIME COLOM Y OLIVER v. JOSÉ BATLLE
- Status
- Published