Carmona Sánchez v. Registrar of Property of Bayamón

64 P.R. 241
CourtSupreme Court of Puerto Rico
DecidedDecember 5, 1944
DocketNo. 1150
StatusPublished

This text of 64 P.R. 241 (Carmona Sánchez v. Registrar of Property of Bayamón) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carmona Sánchez v. Registrar of Property of Bayamón, 64 P.R. 241 (prsupreme 1944).

Opinion

Me. Justice Snyder

delivered the opinion of the court.

Ana H. Carmona Sánchez and her husband presented to the registrar for recordation an order entered by the district court in a dominion title proceeding. This order recited that she had acquired from Heraelia Sanchez for .$8,000 the following property':

■“‘Rural property, consisting of a parcel of land containing one hundred and seventy-seven cuerdas, equivalent to seventy-nine hectares, fifty-six ares, and eighty-six centiares, situated in barrio I i-ñas of the municipal district of Comerlo, bounded on the north by lands belonging to the Sucesión of Mr. Gumersindo Carmona and Mrs. Enriqueta Carmona, on the east by lands belonging to Mr. Manuel Espina and the Sucesión of Mr. Benigno Espina, Pedro Carrasquillo, Sucesión of Carmona, and Sucesión of Mrs. Elvira Vázquez, on the west by lands belonging to Mr. Bernardo Pérez and the ‘La Plata, river, on the south by the Sucesión of Carmona and Bernardo Pérez.

The registrar refused to record the order of the court on the ground that the registry discloses that three properties of 119, 30, and 58 cuerdas, situated in barrio Pinas of Comerlo and numbered 829, 690, and 145, respectively, are registered in the name of Juan Bautista Carmona y Váz-quez, married to Pleraclia Sánchez Ortiz; and that the loeation, boundaries, and chain of title of the aforesaid properties had raised a reasonable doubt in his mind, as to whether these properties, already recorded in the name of another, were the same property as that described in the order of dominion title presented herein for recordation. This is an appeal from that ruling of the registrar.

The registrar points out that two of the properties already recorded add up to 177 cuerdas, the exact amount of cuerdas of the property which is the subject of the dominion title order herein. The registrar also points out that the properties bounding the property attempted to be recorded, that is, lands belonging to Cristina Vázquez Miranda, Enri-queta Carmona, and the Sucesión of Gumersindo Carmona, .are lands owned by relatives of Juan Bautista Carmona y [243]*243Vázquez and acquired by them after Ms death upon partition of Ms properties; and as regards lands belonging to Manuel Espina, and Bernardo Pérez, as shown by entries in the registry, these are lands which belonged to the Sucesión of Juan Bautista Carmona Vázquez; and further, the invariable, unchangeable western boundary of the recorded properties and the one attempted to be recorded, is the “La Plata” river.

He also gives other facts which contributed to the reasonable doubt in his mind that the property in the dominion title order is an aggregation of these already recorded farms; namely, Juan Bautista Carmona Vázquez, who died on May 23, 1895, was married to Cristina Vázquez Miranda, and among his seven children, who were his heirs, there is one named Juan Bautista Carmona y Vázquez, married to Hera-clia Sánchez Ortiz. At the time of the death of the second Juan Bautista Carmona y Vázquez on July 6, 1921, he had nine children, among whom was one by the name of Juan Bautista Carmona y Sánchez, who died childless. The latter’s mother, Heraclia Sánchez Ortiz, and his widow, Margarita Rodriguez, also known as Margarita Umpierre y Rodriguez, were thereupon declared to be his heirs. Another child of the spouses, Juan Bautista Carmona Vázquez and Heraclia Sánchez Ortiz, is Ana Heraclia Carmona y Sánchez, the appellant herein. The three properties in question are already recorded in the name of Juan Bautista Carmona y Vazquez and of another Juan Bautista Carmona y Vázquez, and belong therefore to their heirs, among whom are included appellant herein and Heraclia Sánchez Ortiz; and, as we have seen, the appellant claims through the latter.

The registrar also points to the participation of Hera-clia Sánchez Ortiz, the predecessor in interest of the appellant, by virtue of annotations of attachments made upon the properties consisting of 58 and 119 cuerdas, in the cases of R. Fabián y Compañía and P. Millón y Compañía Sucesores [244]*244v. Heraclia Sánchez, widow of Carmona, Margarita Rodriguez known as Margarita Umpierre Rodriguez, widow of Carmona, and the Sucesión of Juan B. Carmona y Sánchez.

It is stated in the registry entry for property No. 829 that it is a rural property located in barrio Pinas of Come-río, consi sl ing of 119 cuerdas. Its boundaries are given as follows: On the north, by lands of Cristina Vázquez y Miranda and Enriqueta Carmona Vázquez; on the east, by lands of José Rosa Carmona and Elvira Vázquez; on the south, by lands of José Pablo Rivera; and on the west, by the “La Plata” river and lands of Pablo José Rivera. Juan Bautista Carmona y Vázquez, being then married, bought a principal farm of 582 cuerdas from Nicolás Giménez y Mu-ñoz, from which the present property is a segregation. The aforesaid Juan Bautista Carmona y Vázquez died on .May 23, 1895. In an open will he stated that he was married to Cristina Vázquez y Miranda, and designated as his heirs his seven children, José Francisco, José Rosa, Gumersindo Ti-moteo, Cristina, Hipólita, Enriqueta, and Juan Bautista Car-mona y Vázquez. After partition of the estate, Juan Bau-tista Carmona y Vázquez recorded, as his share in the estate, the present 119 cuerdas.

At the appropriate place in the registry are found annotations “A” and “B” to this property. These state that the above-described recorded property was subject to two attachments in the cases of R. Fabian y Compañía and P. Millón y Compañía Sucesores against (1) Heraclia Sánchez, widow of Carmona, (2) Margarita Rodriguez, also known as Margarita Umpierre Rodriguez, widow of Carmona, and (3) the Sucesión of Juan B. Carmona y Sánchez.

When we examine the boundaries of property No. 829 and those set forth in the dominion title order, we find that their boundaries coincide in part — property No. 829 being-bounded on the north by lands of Enriqueta Carmona Váz-quez and Cristina Vázquez Miranda, and the property herein being bounded on the north by lands of Enriqueta Carmona [245]*245and Sucesión of Gumersindo Carmona. It also appears that Cristina Vázquez Miranda was the wife of the first Juan Bautista Carmona Vázquez, and mother of the second Juan Bautista Carmona Vázquez, the first having recorded the main 582 cuerdas in his name, and the second having recorded a segregation of property 829 in his name. It also appears that Gumersindo Carmona might have been Gumer-sindo Timoteo Carmona Vázquez, a" son- of the first and a brother of the second Juan Bautista Carmona Vázquez, and that the land acquired by him from his father is the land now owned by his Sucesión. We thus see that the property in tiie dominion title order is bounded by lands that apparently derive from the same source as property 829.

It should also be noted that the appellant herein is Ana II. Carmona Sánchez, claiming through Heraclia Sánchez who, as the attachment annotations indicate, is the widow of Juan Bautista Carmona Vázquez, record owner of this property; also, the appellant seems to be a child born of that marriage.

The western boundary of both properties also partially coincides. The boundary for property 829 is the “La Plata” river. On the property herein the western boundary is the “La Plata” river and lands of Bernardo Pérez.

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64 P.R. 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carmona-sanchez-v-registrar-of-property-of-bayamon-prsupreme-1944.