Rivera v. Rodríguez

Decided February 19, 1917

Supreme Court of Puerto Rico · decided 1917-02-19

<p>Mortgage — Foreclosure—Military Orders. — The summary foreclosure proceeding which the defendant prosecuted against the plaintiff in 1900 is not null and void, according to the doctrine laid down in the case of Succession of Rodriguen v. Succession of Torres, decided February 12, 1917; for the General Orders of February 12, 1899, and January 19 and April 28, 1900, are without force and effect in regard to mortgages created before the promulgation of said orders.</p>

Decided 1917-02-19

Me. Justice Aldeey

¶1delivered the opinion of the court.

¶2The only ground upon which the appellants base their appeal is that the foreclosure proceeding which the defendant brought against them in the year 1900 is null and void because, according to General Orders of February 12, 1899, and January 19 and April 28, 1900, the mortgage could not be foreclosed at that time.

¶3We discussed this question fully in the recent case of Succession of Rodríguez v. Succession of Torres, ante p. 733, and according to the doctrine therein laid down, the alleged nullity does not exist, and we should confirm the judgment appealed from dismissing the complaint.

¶4Affirm ed.

Chief Justice Hernández and Justices Wolf, del Toro and Hutchison concurred.