Cátala v. Lacourt
Cátala v. Lacourt
Opinion of the Court
delivered the opinion of the court.
In the District Court of Mayagfiez the appellants made a motion which reads as follows:
“The plaintiffs, through their attorney, Fernando Vázquez, appear and allege:
“That after the auction and sale of the estate to my clients for*418 the sum of $8,000, this sum was not sufficient to cover the first mortgage in favor of Eugenio Orsini and the amount claimed by the plaintiffs in this case; for which reason no sum remained to a,pply on the third mortgage of Juan Vicenty, as is seen from the liquidation set out in the record. I present herewith a document..
“Therefore, and in view of the fact that the marshal has issued the deed of transfer of the estate in favor of my clients, as appears from the return signed by said officers, in accordance with the provisions of article 125 of the Mortgage Law, and article 174 of the Regulations for the application of the same, it is proper to cancel the said mortgage of Vicenty; and reiterating here my motion of the 25th of April, I pray the court to order the cancellation of the mortgage in favor of Juan Vicenty for $15,000 on the estate sold at auction in this proceeding, recorded on folio 62 of the volume 16 of Las Marias, estate number 236; and that for this purpose an order in duplicate be issued to the registrar of property describing therein the estate, and inserting the said liquidation, and further matters appearing in the record which may be necessary for the cancellation requested.”
This motion bears date the 7th of August, 1905, and refers to a previous one made on the 25th of April, 1905. The latter motion recites that there had been a sale of the property referred to, and that there was enough, money left to apply' to a third mortgage of Juan Vicenty, and for this reason the third mortgage should be canceled according to what is provided in article 125 of the Mortgage Law, and the second paragraph in article 174 of the" Regulations with respect thereto. Accompanying the earlier motion is a liquidation or a statement of debts, and reference is made to an order of the District Court' of Aguadilla, dismissing a suit begun by Juan Vicenty to declare null and void the mortgage deed which gave rise to the proceeding for the recovery of appellant’s debt. The said motion'makes no reference to any other papers.
With respect to the motion bearing date of August 7, 1905, the District Court of Mayagüez entered an order dismissing it because the documents presented with it were not
As we have nothing before us to justify the reversal of the action of the District Court of Mayagiiez, the order appealed from must be affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.