Mojica v. González
Mojica v. González
Opinion of the Court
delivered the opinion of the Court.
This was a case where Antonio Sánchez Mojica, a bachelor, bought property of Hermenegildo Claudio and Benito Gfuil and put a mortgage on the same property in favor of Alicia Suris Cardona. Antonio Sánchez Mojica died on the 24th of June, 1928, without a will and the plaintiff, Josefa Mojica, was declared to be his heiress. In the complaint it was
The District Court of San Juan found that the plaintiff had proved all the averments of the complaint while the defendant had not shown such a situation as would prevent the action of unlawful detainer. There was a single assignment urging that the court erred in saying that there was nothing to impede the action of unlawful detainer, inasmuch as the evidence tended to show that there was a conflict of titles.
Of course the mere existence of the concubinage could not create a conflict of titles. Perhaps if the defendant had brought evidence strong enough to convince the court that the property was hers although put in the name of Antonio Sánchez Mojica, a conflict of titles might have arisen. However, where a defendant alleges that the property was bought with his own money, there must he in favor of the defendant a doubt in the mind of the court as to the truth of this averment in order to defeat an action of unlawful detainer. Where there is a general finding in favor of a plaintiff, the defendant should convince us of manifest error on the part of the court.
The judgment should be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.