Manrique v. Registrar of Guayama
Manrique v. Registrar of Guayama
Opinion of the Court
delivered the opinion of the court.
The Registrar of Property of Guayama refused to record the judicial sale herein involved because of defects that he considered incurable, assigning also other curable defects.
In view of that judgment the registrar converted the cautionary notice entered on his decision into a final record, but assigned as a curable defect the manner of publishing. the notice. From that action the present appeal was taken, the only ground of which is that the registrar acted in violation of the rule that no defect can be assigned that had not been mentioned in the first decision, as held in the case of Roig v. Registrar, 18 P.R.R. 11. That decision of the registrar was affirmed on the ground that the rule cited was not applicable for the reason that the defect assigned as curable had been assigned previously by the registrar as incurable, and now we are asked to reconsider that decision and to decide definitely that there was no such curable defect, as it is a matter of importance affecting the value of the property that it be recorded without that defect, if it does not actually exist; and although our decision was technically correct, we prefer to decide now whether or not the manner in which-the notice of sale was published is a curable defect.
When we decided the appeal between the same parties, supra, on the same question and passed on the decision then appealed from because of incurable defects, one of which was the manner in which the notice of sale was pub
For the foregoing reasons our decision of December 5, 1924, ante, page 784, should be set aside and another rendered reversing the decision appealed from of September 29, 1924, in so far as it assigns as a curable defect the manner of publication of the notice of the judicial sale.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.