Vilá v. Registrar of San Juan
Vilá v. Registrar of San Juan
Opinion of the Court
delivered the opinion of the court.
On November 29, 1912, Jnan Sanjurjo and his wife, Fe-lipa Mojica, as parties of the first part, and Rodolfo Vila, the appellant, as party of the second part, appeared before a notary public and executed a public instrument from which the following appears: Sanjurjo inherited from bis father a property of 35 acres. He segregated and sold 10 acres of this property to David Carrion, which left him 25 acres.
The deed having been presented for record, the registrar, on the 7th of July, last, refused to record the deed for the reason that the consolidation of the properties of 5 and 4 acres by Sanjurjo into a property of 9 acres was not according to law because one was his separate property and half of the other was conjugal partnership property. The vendee thereupon took the present appeal.
If it were sought only to record the first consolidation, we would agree with the registrar. See Art. 61 of the Regulations for the Execution of the Mortgage Law and the eases of Muñoz v. Registrar of Caguas, 25 P. R. R. 786, and Berríos v. Registrar of Caguas, ante, p. 821.
But what is really sought to be recorded is the purchase bv Vila from the spouses Sanjurjo and, as the registrar has not questioned that contract, it is not proper to delay the record of the same because something therein not essential to the purchase and sale is incorrect. Whether consolidated or not, the properties were sold. If the consolidation is void, let it be so considered, but let us proceed with a spirit of facilitating transactions between men. The properties having
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.