Heirs of Díaz-Varcárcel v. Heirs of Díaz-Varcárcel
Heirs of Díaz-Varcárcel v. Heirs of Díaz-Varcárcel
Opinion of the Court
delivered the opinion of the court.
The plaintiffs brought tins’ action for the rescission of a deed of sale of two properties on the ground that it was executed to defraud the plaintiff creditors of the vendor and after judgment dismissing the complaint they took this appeal wherein they filed a statement of the case approved by the trial court.
The appellees called our attention in their brief to the fact that tire statement of the case to be considered in the appeal does not contain all of the evidence heard at the trial and that therefore we are not in position to reverse the judgment of the lower court as prayed for by the api pellants.
We have examined carefully the statement of the case and find that it does not contain the documentary evidence introduced at the trial and on which the court based the judgment appealed from, for the court refers in the opin
In view of the foregoing, and remembering that in the case of Ex parte Brac, 28 P.R.R. 341, we said that we can not interfere with the weighing of the evidence by the lower court when the transcript of the record does not bring up the duly certified documents submitted at the trial as evidence, we must affirm the judgment appealed from.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.