Carreras y Freyre v. Pérez
Carreras y Freyre v. Pérez
Opinion of the Court
delivered the opinion of the Court.
These two suits are treated together, as all parties understood.
In a suit of revendieation plaintiffs alleged and at the trial successfully showed that their predecessor in title owned a piece of land in Santurce hounded on the north by Joaquin
The court decided that plaintiffs have sufficiently identified their land. Not only was the northern and part of the eastern boundary shown, but appellees showed that Josefina Rivera could be expected to be found on the south by reason of sales proceeding from Carreras, forerunner of the plaintiffs. A further discussion of the evidence may be found in the opinion of the court.
We agree with the appellees that it does not avail the appellants to indulge in speculations that plaintiffs’ land was reduced by concessions to streets like the Avenue of De Diego, thus reducing the total holdings of the plaintiffs to
The various assignments of error attempting to show that this or that witness should have been given no weight we do not find to be ten,able. Either no objection was made to the declaration or it was admissible under a principle of reputation or the lite, e. g. Wigmore Par. 1586.
Once the title of plaintiffs ’ ancestor was recorded, the burden was on defendants to show that the record was not duly made.
Appellants very well maintain that the burden of proof was on the plaintiffs and they could not rely on the failure of defendants to prove their own title. Plaintiffs did not rely on defendants’ lack of title. Nevertheless defendants in their answer set up affirmatively that their title proceeded from a certain source. The evidence did not justify this claim of origin. This failure is either an admission, or circumstantial evidence at least to fortify the position of the plaintiffs.
The defendant Pérez cannot set up that he is a third person. He knew of the claim of the plaintiffs, had thought of taking from them and bought with his eyes open. He knew that his .supposed predecessors in title had fences in the land claimed.
With respect to this claim of being third persons under the Mortgage Law, all the defendants could discover by the slightest inspection of the record that the description by which their property was recorded was a new and sudden one, utterly unconnected with any previous record.
We find no reason for interfering with the discretion of the court in imposing costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.