ENRIQUEZ V. ENRIQUEZ
| Decision Date | 04 December 1911 |
| Citation | 222 U. S. 127 |
| Court | U.S. Supreme Court |
APPEAL FROM THE SUPREME COURT
OF PHILIPPINE ISLANDS
Where the record shows that the jurisdictional value is not made out by a preponderance of evidence, the appeal will be dismissed. Red River Cattle Co. v. Needham, 137 U. S. 632.
Under § 10 of the Act of July l, 1902, c. 1369, 32 Stat. 695, this Court can only review judgments of the Supreme Court of the Philippine Islands where the value in controversy exceeds ,000, and in this case it does not appear that the value of real property affected equals that amount.
Appeal from 8 Phil. 607 dismissed.
The facts, which involve the jurisdiction of this Court of appeals from the Supreme Court of the Philippine Islands, are stated in the opinion.
This controversy is substantially between those who were parties of record in cause No. 24, just decided, ante, P. 123. In this action, the administrator and the majority of the heirs of Antonio Enriquez assailed a deed of certain property in Manila, executed by Francisco Enriquez as attorney in fact of his father, Antonio, and also a sale of the same property subsequently made to the wife of Francisco Enriquez by the person to whom he had previously conveyed it, both the deeds being assailed on the ground that they were fraudulent simulations. The prayer was that the deeds be held to be void, and for a judgment for rents and profits. The court of first instance having decreed in favor of the administrator, the defendants appealed to the Supreme Court of the Philippine Islands, which court reversed the judgment and remanded the cause for further proceedings.
Following a second judgment in favor of the administrator, the cause was again taken to the Supreme Court, and that tribunal not only again reversed the judgment below, but entered one "acquitting the defendants of the complaint." This appeal was then taken, and a motion to dismiss has been made upon the ground that the requisite jurisdictional value is not involved. Contemporaneous with the allowance of the appeal, there was filed in the court below an affidavit of Rafael Enriquez, in which he averred "that the real property the title to and possession of which is involved therein exceeds in value the sum of ,000 gold coin of the United States." Thereafter, the appellees filed the affidavit of A. B. Powell, chief of the real estate division of the Bureau of Internal Revenue in the City of Manila, whose duty it is to fix the valuation of real property in the City of Manila, to the effect that he was familiar with the value of
such real property. That the assessed value in Philippine currency of the property in question (land and improvements) was as follows:
For the years 1901 and 1902, 12,236.96 pesos.
For the years 1903 to 1907, 12,582.90 pesos.
For the year 1908, 12, 192.60 pesos.
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