Acosta v. Dávila
Acosta v. Dávila
Opinion of the Court
delivered the opinion of the court.
This appeal was taken by the plaintiffs from the judgment dismissing the complaint. In this complaint the plaintiffs alleged that as the heirs of their deceased parents they were the owners of two rural properties situated in the ward of Machuohal, Sabana Grande, containing respectively 11 and 8 acres, which were wrongfully held by defendant Manuel Maria Dávila, as the heir of Concepción Saavedra Lagrave, who had recorded the property in her name in the registry of property by virtue of a possessory title judgment which was null and void because of non-compliance with the requirements of tiie law, for all of which they prayed the court to adjudge the said possessory title judgment void, to order the cancelation of its record in the registry of property and to order the defendant to restore the said properties to the plaintiffs and pay also the sum of $5,000 as damages for the wrongful detention of the properties. The defendant denied the said allegations and made others. The case was tried and the judgment appealed from was the result.
The evidence of the plaintiffs consisted in the designation
The result of the evidence as a whole is not only that the plaintiffs failed to prove the title of ownership which they alleged to have to the properties claimed as heirs of their parents, but, on the contrary, the testimony of one of them admits that their parents ti'ansferred the property to Con-cepción Saavedra Lagrave, one of whose heirs is Dávila, the only defendant, and it also appeared that on the day the action was brought such possession had run for more than thirty-six years, which is sufficient for the acquisition of ownership even without good faith or a colorable title.
The judgment appealed from must be
'Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.