Arias v. Registrar of Property
Arias v. Registrar of Property
Opinion of the Court
delivered the opinion of the court.
The present administrative appeal was taken from a decision of the Registrar of Property of Ponce refusing to record the cancellation of a mortgage which the appellants, the brother and sister Arias Simé, had created in favor of Antonia Rieder Larrañaga.
From the certificate of the Registrar of Property of Ponce which is included in the record and refers to the books of bis. office, it appears that in recording the mortgage deed executed on January 11, 1912, by Antonia Rieder Larrañaga. and the brother and sister Arias Suñé, said registrar made an entry to the effect that the mortgage deed securing the sum of $3,000 loaned had been entered into by Pedro Clau-sells y Armstrong as attorney in fact of the said Antonia. Rieder Larrañaga, and that the money was furnished out. of her own private funds. Then the conditions of the contract are recited in the same record, from one of which it.
In a public instrument executed on August 21, 1913, the said Antonia Eieder Larrañaga, without the intervention or consent of her husband, acknowledged having received from the brother and sister Arias Suñé the $3,000 which she had loaned them and gave them an acquittance therefor, agreeing to the cancellation of the mortgage securing the loan in the registry of property. This document being presented for record the registrar refused to admit the same for the reasons set forth in the following decision:
“Admission to record of the deed of cancellation set forth in the foregoing document is refused because it appears that the creditor, Antonia Rieder Larrañaga, authorizes the cancellation without the consent of her husband! Manuel J. Marxuach, and the statement as to the source of the funds made by the agent in the mortgage is not sufficient to prove the private nature of the property whence the said loan was derived; for, it being money, only the husband can make such an assertion, because he alone can be prejudiced thereby. In lieu of the record a cautionary notice has been entered for 120 days, etc.”
From the foregoing it appears that the Eegistrar of Property of Ponce recorded the mortgage credit, the cancellation of which originated this appeal, as the private property of the wife and also entered the statement made by her attorney in fact regarding the origin of the money and the fact
For this reason the decision appealed from should be reversecL Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.