Ex parte Hernández
Ex parte Hernández
Opinion of the Court
delivered the opinion of the conrt.
In the petition initiating these proceedings, the purpose of which is to obtain a declaration of ownership in favor of the petitioner, Agustín Hernández Mena, is set forth the name and surname of the former owner.of the property, the length of time lie possessed it as an inheritance from his father, the fact that he paid taxes thereon as owner, the date on which the petitioner purchased it, the price paid therefor, the fact that
The only objection made by the fiscal of the Mayagüez court to the petition is that the provision of Bule I of article 9 of the Mortgage Law in force had been violated therein.
The estate is described as follows:
“That I am entitled to the ownership of a rural estate of 12 cuerdas, more or less, of land situated in the barrio' of Leguisamos of the municipal district, in coffee, pasture and minor products, bounded on the north and the east by lands belonging to Arturo Torrellas; on the south by lands belonging to Adolfo Bivera; and on the west by the Cañas Biver. A frame house, roofed with clay tiles, having a frontage of 6 and a depth of 4 meters, situated upon lands of the rural estate described.”
After having heard the evidence submitted, the judge, by order of September 17 of last year, in which order the estate is described and the area is stated in the system of measurement used in this country and its equivalent in the metric system, held and ordered that he should and did declare that the ownership of the estate, the subject of these proceedings, had been established in favor of Agustín Hernández Mena, and directed that upon his decision becoming final, the proper certified copy thereof issue for the purposes of its record in the registry of property.
The fiscal of the Mayagüez court appealed from this order, which appeal has been upheld in this Supreme Court by the fiscal hereof.
We believe that the petition initiating these proceedings describes the nature of the property, for therein it is stated that it is rural when the tract of land is spoken of, and urban,
We do not see any ground for the opposition of the fiscal in this case, because according to subdivision 5 of article 395 of the Mortgage Law, a final decision holding that the ownership has been proved in favor of the petitioner, is sufficient title for its record, and if the estate is not described in the decison in question as prescribed by law, it is the duty of the registrar to classify the title and act according to whether the defects are curable or incurable.
These proceedings have been conducted in accordance with the law and the regulations and the petiton seeking to prove the ownership contains everything essential to this end, and, therefore, the decision of the judge of the Mayagüez court, rendered' on September 17, 1906, should be affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.