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6 P.R. 531

Ex parte Calzada

Supreme Court of Puerto Rico

Decided May 12, 1904

Supreme Court of Puerto Rico · decided 1904-05-12

This is a proceeding instituted in the District Court of San Juan at the instance of Attorney Emigdio S. Ginorio, on behalf of Sergio Calzada Ferrer, for the purpose of establishing the ownership of a rural estate. The case is pending before us on an appeal taken by the petitioner from the judgment rendered by the said district court, which reads as follows: “Porto Rico, June 17, 1903.

Decided 1904-05-12

''Me. Chibe Justice Quiñowes,

¶1after stating the foregoing-facts, delivered the opinion of the court.

¶2The findings of fact contained in the judgment appealed from are accepted.

¶3After considering the evidence offered hy the petitioner, Sergio Calzada Ferrer, and which reduces itself to the testimony of two witnesses who testified in the present proceeding, the declaration of ownership applied for by said Calzada Fe-rrer cannot he made, isasmuch as the witnesses do not show the time of possession of Ithe petitioner, and which he alleges in his petition does not exceed two months, nor the time his predecessor in interest was in possession, nor whether or not he was in possession under title, and if so, of what said title *537consisted; ■which requisites are necessary to prove the acquisition of the ownership of real property by ordinary prescription, or not less than thirty years.

¶4In view of article 395 of the Mortgage Law in force and the Judicial Order of April 4,1899, we adjudge that we ought to affirm and do affirm the judgment appealed from, in so far as it denies the declaration of ownership applied for by Sergio Calzada Ferrer, he to pay the costs.

Justices Hernández, Figueras, Sulzbacher and MacLeary concurred.
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