Bayron v. Registrar of Mayagüez
Bayron v. Registrar of Mayagüez
Opinion of the Court
delivered the opinion of the court.
By a public instrument in which her husband joined, Elena Trabal sold to Manuel de la Cruz Bayron a lot which is duly described. It having been presented in the registry, the registrar recorded the same with the ‘ ‘ curable defect that the instrument reqited that the main property from which the lot sold is segregated is recorded in the name of the vendor on page 56 of volume 121 of this city, property No. 4723, record 1, which is not true, as the said main property is recorded on - page 166 of volume 122 of this municipality, property No. 4756, record 1.”
The vendee, who raises this appeal, admits that the error assigned by the registrar appears in the instrument, but claims that such error does not constitute a curable defect.
Article 65 of the Mortgage Law provides that “Curable defects shall be those which affect the validity of the instrument without necessarily producing the nullity of the obligation therein constituted.”
Does the error committed in this case affect the validity of the instrument? In no way, we think. A simple error is involved which was corrected by the record itself. Nothing is lacking to. show the absolute conveyance of the property sold by the vendor to the vendee. No injury can accrue to a subsequent purchaser.
•The registrar should have noted the error in some way, but having done this, he could not assign the existence of a curable defect, because if such defect existed it was cured by the very act of. the registrar whose decision is appealed from.
The decision is reversed as to the curable defect.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.