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23 P.R. 370

González v. Pirazzi

Supreme Court of Puerto Rico

Decided January 26, 1916

Supreme Court of Puerto Rico · decided 1916-01-26

<p>Taxation — -Valuation of Property — Assessment.—Whenever a tax is levied upon the basis of a valuation of property the assessment is an indispensable prerequisite without which all subsequent proceedings are null and void, and in making the assessment the provisions of the statute under which it is to be. made must be observed.</p> <p>Id. — Assessment.—According to sections 298, 309 and 315 of the Political Code as in force on March 5, 1901, the original assessment of a property for pur: poses of taxation, made and notified to one of the owners only, is null and void.</p> <p>.Id. — .Agent—Possession—Personal Property. — Section 293 of the Political Code applies to agents and to those who hold possession in the name of others, but not to one of several owners in common. The said section refers only to personal property.</p> <p>'Id. — Notification to Owner. — When there are several owners of a property each of them is entitled to notice of some kind, it being the theory of section 336 of the Political Code that notice must be given to the owners, to their family, if the latter are on the place, or be put into the hand of witnesses w7hen the owners are not to be found.</p> <p>'Ownership in Common — Bad Paith — Prtiits, Eents and Profits — Damages.— When in a suit for the recovery or acknowledgment of interests in common it is not shown that the defendants possessed in bad faith, a claim for fruits, rents, profits or damages will not be sustained.</p>

Decided 1916-01-26

¶1CONCURRING OPINION OF

MR. JUSTICE DEL TORO.

¶2It appears from the record that the proceedings for the sale of the property for delinquent taxes were brought *378against Natalio González as the sole owner of said property, whereas it is a fact that at that time the said property .was recorded in the registry of property in favor of Natalio and all the other plaintiffs. In my mind this fact is sufficient to justify my concurrence in the reversal of the judgment without considering and establishing conclusions regarding the other points touched upon in. the majority opinion of this court.

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