Rosado Marrero v. Registrar of Property of Bayamón
Rosado Marrero v. Registrar of Property of Bayamón
Opinion of the Court
delivered the opinion of the Court.
Angel Rosado Marrero, appellant herein, brought an aeon on execution of deeds in the District Court of Bayamón gainst the heirs of Paula Rosado Marrero ■ and other de-ndants. In the judgment for the appellant it was estab-ihed as to the defendants first mentioned that on June 3, •26 and by public deed No. 41 executed before Notary Igna-o Morales Acosta — and recorded in the Registry of Propty of Bayamón — the appellant purchased from Julia, Evan-llista, Juana, Dolores, Julio, Nicolás, Lucía, Eliseo, To-lasa, and Ramón Rosado Marrero their condominia shares, fchts and interest which the latter heirs, appellant, and the lirs’ predecessor owned jointly and undividually in a 5.16-lerda farm located in Abras Ward, in Corozal. It was Ifcablished. likewise, that the deceased Paula Rosado Marrero
The present appeal was taken from this decision. The ap' pellant argues that the Registrar erred in refusing to recori the deed on the ground stated in his note, since a judgmen from a competent court showing that the segregation had h fact existed prior to the effective date of the Subdivision Reg ulations is sufficient and makes it unnecessary to present an; document from the Board on that matter.
The respondent Registrar did not appear, but w admitted the Board as amicus curiae. The latter, in an ek borate brief, supports the Registrar’s action based on th fact that it is the duty of the registrar and not of the court to determine whether a segregation in. fact existed prior 1 the enforcement of the Subdivision Regulations since the ii terested party may under § 26 of the Act resort to this Coui for a review of the adverse decisions of the Board. H
The judgment appealed from clearly shows that the 111 of 5.16 cuerdas involved herein was owned jointly and undH videdly by the twelve brothers and sisters among which wen the appellant herein and the heirs’ predecessor in the all tion before the District Court of Bayamón. Said communiB of property — § 326 of the Civil Code, 1930 ed. — became B common ownership between said deceased and the appellaB
We find nothing in Act No. 213 of 1942, as amended, which deprives the district courts, which are courts of general jurisdiction, of the'faculty or jurisdiction to decide, as an incident to the matter in issue submitted to judicial determination,, a controversy necessarily involved in said matter which took place prior to September 4, 1944,
The ruling of the Registrar will be reversed and the recording of the segregated lot ordered.
Matos v. Planning Board, 66 P.R.R. 417, as to what was decided therein after the Board’s decision was reversed, is no precedent for this case. Likewise, Rivera v. Registrar, 64 P.R.R. 440.
We do not advance anything on a case similar to the one at bar where the question of fact involved has arisen subsequent to the effective date of the Subdivision Regulations.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.