Mercado v. Smith

Decided May 25, 1904

Supreme Court of Puerto Rico · decided 1904-05-25

This is a case prosecuted in the District Court of San Juan on behalf of Martin Garcia representing his wife Ri-carda Mercado Caballero to secure dominion title to a lot situated in the barrio of Santurce, and the place called “Mi-nillas” and opposed by Herbert E. Smith.

Decided 1904-05-25

Me. Chief Justice QuiñoNbs,

¶1after making the foregoing statement of facts, delivered the opinion of the court.

¶2We accept the findings of fact and conclusions of law contained in the judgment appealed from, with the exception of the second conclusion of law.

¶3In view of article 395 of the Mortgage Law, and the articles of the Law of Civil Procedure and General Order No. 118 of 1899, applicable to the case, we adjudge that we should affirm and do affirm the judgment appealed from, with the costs against the appellant.

Justices Hernández, Figueras and MacLeary concurred.Mr..Justice Sulzbacher did not sit at the hearing of this case.