José González Clemente & Co. v. Registrar of Property of San Germán
José González Clemente & Co. v. Registrar of Property of San Germán
Opinion of the Court
delivered the opinion of the Court.
The firm of José González Clemente & Co. purchased at an execution sale a piece of property which was recorded in
The appellant firm says that the respondent registrar has disregarded our decision in case No. 847, José González Clemente & Co. v. Registrar of San Germán, decided on July 22, 1931 (ante, p. 692), in which we reversed his ruling of April 30 of the same year denying the record; and that he has failed to apply the doctrine laid down in Roig v. The Registrar of Property, 18 P.R.R. 11, to the effect that when a registrar refuses to enter a record it is his duty to set forth all the legal grounds in support of his refusal, and that he can not state such grounds separately on different occasions. This doctrine, however, does not apply in the instant case, because here what the registrar declines to do is to convert
As the property involved is recorded in the name of another purchaser, the registrar is precluded from disregarding such record in order to make the one sought by the appellant. In view of the special character of this appeal, to which the person in whose name the property now stands recorded is not a party, we are not justified in deciding herein whether such record was illegally made by reason of the existence of the cautionary notice entered in favor of the appellant firm, as claimed by the latter in its brief; or whether, as stated by the registrar, said record was properly effected because the purchase made by reason of the mortgage credit was entitled to priority. While the record in the name of Estanislao Vargas remains uncanceled, the record of the title of the appellant firm can not possibly be made.
For the foregoing reasons the decision appealed from must be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.