Santini Fertilizer Co. v. Registrar of Guayama
Santini Fertilizer Co. v. Registrar of Guayama
Opinion of the Court
delivered the opinion of the court.
This is an administrative appeal from a decision of the Registrar of Property of Guayama refusing to reeord an attachment levied on two properties to secure the effectiveness of the judgment for the reason that the amount of $1,350 for which the attachment was granted was not distributed by the court among the properties in compliance
Although article 72 of the Mortgage Law provides that cautionary notices shall contain the details required for records by various articles therein mentioned, among them being article 9 which 'prescribes that every record made in the registry shall set forth the particulars therein enumerated, subdivision 2 thereof expressing, among other particulars, the extent of the right recorded; and although article 164 of the Regulations prohibits registrars from recording any mortgage on different properties affected by the same obligation, except by agreement between the parties or by a judicial order, as the case may be, the amount which each property is to secure shall be determined, 'the parties being authorized to stipulate the distribution in the same instrument to be recorded or in another public instrument or petition addressed to the registrar, signed or ratified in his presence by the persons interested, such distribution of liability required for the purpose of a record is not necessary in the case of a cautionary notice, by express exception made in article Í65 immediately following, wherein it is said that the provisions of article 164 shall not apply to a cautionary notice, except when it is converted into a final mortgage record and encumbers different properties, and that the cautionary notices against a number of properties shall be entered in the special registry for each property, the amount of the credit or obligation for which the property is liable being also stated; and this provision confirms that of article 126 of the Regulations in accordance with which cau
In view of the conclusion reached, the party or his attorney did not encroach upon the powers of the court in petitioning the registrar to fix a given part of the sum secured by the attachment as the liability of each property.
The decision must be reversed and the attachment recorded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.