Quiñones Rieder v. Cuadra Martínez
Quiñones Rieder v. Cuadra Martínez
Opinion of the Court
delivered tlie opinion of the Court.
In an action of debt brought by Angel Cuadra Martínez against José J. Gronzález, an attachment was levied on several cows in the possession of the defendant which Gfustavo Qui-ñones Rieder claimed as belonging to him when the marshal levied the attachment. The claimant thereafter filed a complaint in intervention, seeking to have the cattle declared to be his property and released from the attachment. After a trial in the action of intervention, judgment was rendered declaring that one of the cows, which had been attached and branded with the letters GL Q., belonged to the intervener, hut that the latter had failed to prove the identity of the other cows claimed.
From that judgment the present appeal has been taken by the intervener, who urges as the only ground of reversal that the lower court committed gross error in weighing the evidence. The attachment was levied on November 26, 1927, and the six cows which had been attached were described by their colors by the marshal, who also stated that one of them was branded with the letters Gk Q.
The intervener, in order to show his title to the cows attached, produced at the trial a public deed executed three
To our mind the court did not err as claimed, because a very strong proof in this kind of claims is the brand of the cattle, since the color may change, as admitted by the inter-vener, or be erroneously judged. As the cows and heifers were branded and according to the deed they were bought by the intervener, who testified that he had branded them anew, it is a very significant fact that only one of the cows attached was branded with the initials G. Q. and that the others bore no brand, according to the description given by the marshal, who in the same way that he had stated that one of the cows was branded would have made the same statement in regard to the others. If this was due to an oversight on the part
Case-law data current through December 31, 2025. Source: CourtListener bulk data.