Vergara Garced v. Pérez

44 P.R. 140
CourtSupreme Court of Puerto Rico
DecidedNovember 28, 1932
DocketNo. 6035
StatusPublished

This text of 44 P.R. 140 (Vergara Garced v. Pérez) 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
Vergara Garced v. Pérez, 44 P.R. 140 (prsupreme 1932).

Opinion

Mr. Justice HutchisoN

delivered the opinion of the Court.

The district court dismissed an unlawful detainer proceeding for want of evidence sufficient to establish title in plaintiff. In a deed of partition the property had been awarded to plaintiff for the purpose of paying certain debts against the estate of plaintiff’s deceased mother. The theory of the district judge was that title had not vested in plaintiff because she had not paid the outstanding debts against the estate. These debts became, of course, a charge upon the land. The payment thereof was not made a condition precedent to the vesting of title in plaintiff nor did her right of possession depend upon such previous payment.

The judgment appealed from must be reversed.

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Bluebook (online)
44 P.R. 140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vergara-garced-v-perez-prsupreme-1932.