Lugo v. Registrar of Property of San Germán
Lugo v. Registrar of Property of San Germán
Opinion of the Court
delivered the opinion of the Court.
By deed No. 83 executed in Cayey on September 8, 1939, before Notary Víctor M. Pons, which was subsequently modi-
Upon presenting this deed to the Registry of Property of San Germán, the registrar denied the cancellation sought “because according to the registry the debt mentioned appears as of ‘nine hundred dollars for documentary expenses’ without specifying the name of the creditor, and without it being duly established that said creditor is Mr. Víctor M. Pons who now cancels ...”
The only ground for refusal which the registrar sets forth in his brief is that “the general language used in drawing up the deed does not preclude the possibility that there may exist other persons entitled to said debt for documentary expenses ...”
The registrar is wrong. If it appears from the documents before him that Víctor M. Pons was the notary who executed both deeds in connection with the partition of the estate of Mr. Aureliano Peláez Santos, and that they provided for the payment of nine hundred dollars for documentary expenses, and subsequently the same Notary, Mr. Pons, executes a deed stating that said nine hundred dollars were
The decision of the registrar must be reversed and the cancellation sought ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.