Molina v. Molina
Molina v. Molina
Opinion of the Court
delivered the opinion of the Court.
In this case of unlawful detainer at sufferance the complainant alleges that he is the owner of a farm which he bought from Domingo Mena by public deed of August 18, 1934; that Mena in his turn acquired it by purchase at a public sale had by virtue of a judicial proceeding to collect a promissory note executed by the former owner of the farm, the defendant Celedonio Molina; and that the latter retains the farm without paying any rent whatsoever.
After a general denial of the facts set forth in the complaint the defendant alleges that he and Domingo Mena agreed that Mena should buy the farm at the public sale, promising to return it to the defendant Celedonio Molina as soon as the latter should pay Mena the amount paid by him at the auction sale, plus legal interest; that when the time to redeem was up, the complainant Manuel Maria Molina, brother of defendant, lent the latter the necessary money
The case was heard before the District Court of Arecibo and judgment was rendered dismissing the complaint because the court understood that an unlawful detainer proceeding is not the adequate proceeding to decide such controversy between the parties. In its opinion and judgment the lower court stated as follows:
“The evidence introduced at the trial as a whole presents a complicated situation which if we were to decide in this proceeding we would go beyond the summary bounds of the same.
“The defendant Celedonio Molina was sued in the municipal court and, as a consequence of an attachment in foreclosure, the farm object of this unlawful detainer suit was put up at public auction. Then Molina spoke to Domingo Mena so that he should purchase it for a small sum for the purpose, according to his testimony, that Mena should collect from the crops the amount of the purchase and so that Molina should not lose the farm. Mena says it is true that he talked to him about the sale, but that he merely consented to allow him to remain in the farm. The truth is that there must have been some agreement between them when Molina continued living and working the farm.
“The history of Celedonio Molina, in the second chapter, is that it was later agreed upon that Mena should give the title to his brother Manuel, who is the complainant in this case, and that the price should*216 be paid in instalments, but with the idea that his brother should be liable and should pay with the crops of the farm and that after paying Mena, he should return it to the defendant Celedonio. Mena, as well as Manuel Molina, deny this, but the truth is that Manuel did not pay out one cent as the price of the property and that the payments that he made were money obtained from the products of the farm. Also, the defendant continued in the farm and since a year ago not only is he in possession thereof, but he has entered into a contract and delivered cane, produced and cut by him, to Central Cambalache.
“It is true that the title of Mena and Manuel Molina does not show anything else than an absolute sale, but the facts and even certain answers of the witnesses of the complainant, force us to the conclusion that the defendant is not on the property as a mere possessor at sufferance.
“It may be that in a declaratory action the defendant will have to leave the farm, even accepting as time that he does not have a homestead, but some right may be given to the defendant by virtue of the relation between the parties. The more we look at the evidence the more we are convinced that some equitable arrangement can be made by both brothers which could not be decided in this summary proceeding, since if we render judgment in favor of the complainant, we would have to accept that the defendant is on the property without any right whatsoever.”
To uphold his appeal the complainant appellant alleges as errors committed by the lower court (a) having’ decided that an unlawful detainer suit at sufferance does not lie and (&) having erroneously weighed the evidence, deducing from it conclusions contrary to law. Both assignments of error can be. considered together.
We have no doubt whatsoever that the complainant satisfactorily proved that he has a good and sufficient title which gives him the right to the possession of the immovable and to eject therefrom the person who unlawfully retains the possession. The title of the complainant is the same which the defendant used to have before his farm was sold at public auction to satisfy a judgment rendered against him. The documentary evidence establishes a prima facie case in favor of the complainant.
The defendant testified that when the farm was put up at public auction he called Mena and told him: “Buy the-farm and I will pay you for it”; that Mena agreed that, the defendant should pay him a little at a time with interest and that then he, the defendant, leased the farm to the-Centenos for $10; that the Centenos paid him a year in advance and that he gave to Mena the money that they paid him, but did not ask him for a receipt.
As evidence in rebuttal the complainant brought witness; Domingo, who testified that he bought the farm at the public sale; that the defendant owed him some $40; that one night the defendant came to him and told him: “The property is-going to be foreclosed tomorrow, you purchase it before anybody else does, because you have treated me well, because-I want.you to collect your money and you can let me stay there if you wish”; that the witness answered him: “I will purchase it and I will leave you there” and the defendant remained there in his house; that he did not make any agree
In our opinion there is no conflict of titles in the present case. The mere allegations of the defendant, which have not been corroborated by any evidence whatsoever and have been controverted by the evidence of the complainant and his two witnesses, are not of themselves sufficient proof of any title in favor of the defendant. See Pérez v. Castro, 52 P.R.R.-. The lower court erred in dismissing the complaint.
For the above stated reasons the judgment appealed from is reversed ánd the case remanded to the lower court for further proceedings not inconsistent with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.