Hernández-Betancourt v. Registrar of San Juan
Hernández-Betancourt v. Registrar of San Juan
Opinion of the Court
delivered the opinion of the court.
The District Court of San Juan rendered judgment awarding to the appellant the dominion title to a property composed of three parcels of land. It was presented in the registry of property for record, but the registrar refused to record the title to one parcel of 21.90 acres because the appellant had not alleged that he was the only heir of Luciano' Hernández and Carolina Betancourt, and there was no mention of the other heirs of those persons from whom said property was inherited, in order to comply with the requirements of service of the summons.
In the judgment approving the proceeding it is stated that the court “ordered service of the summons by publication on the former owners and their successors, heirs and assigns, because their existence and residences were Tin-known. ’ ’
The registrar contends that the summons so served does not comply with the law or with the jurisprudence applicable thereto, and reference is made, among other cases, to León v. Registrar, 27 P.R.R. 346, and Cancel v. Registrar, 28 P.R.R. 862.
Nevertheless, it is clearly stated in the judgment that the successors, heirs and assigns of the former owners were summoned by publication because their existence and residences were unknown. The question is whether a sum-
The decision appealed from must be reversed and the record ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.