Fernandez Bros v. Ayllon, 82
| Decision Date | 17 November 1924 |
| Docket Number | No. 82,82 |
| Citation | 69 L.Ed. 209,45 S.Ct. 52,266 U.S. 144 |
| Parties | B. FERNANDEZ & BROS. v. AYLLON |
| Court | U.S. Supreme Court |
Mr. Philip N. Jones, of Boston, Mass., for petitioners.
Messrs. Frederick S. Tyler, of Washington, D. C., and Frank Antonsanti, of San Juan, Porto Rico, for petitioner Julian Silva Hubadron.
Mr. Reeves T. Strickland, of Washington, D. C., for respondents.
This is a suit to set aside a sale of land in Porto Rico formerly belonging to the respondents, on the ground that it purported to be made by their testamentary tutor or guardian, and that the sale was void because his appointment had not been recorded in the registry of tutorships, and no bond had been given nor oath taken by him as required by law. The defendants, the petitioners here, relied upon a title by the ordinary prescription of ten years' possession under a just title and in good faith, the sale to them having been made more than ten years before this suit was begun. The sale took place under an order of the local District Court having jurisdiction over the minors and over the tutor, but the Circuit Court of Appeals overruling the Supreme Court of Porto Rico held that this was not sufficient to constitute just title, seemingly being of opinion that the purchasers were chargeable with notice that the record would have disclosed the failure of the guardian to satisfy what it regarded as conditions precedent to the exercise of his power. 288 F. 28, sub nom. Ayllon v. Gonzalez. A writ of certiorari was granted by this Court. 263 U. S. 691, 44 S. Ct. 5, 68 L. Ed. 509. Of course there is no doubt of our jurisdiction upon certiorari although the respondents seem to have been misled by some decisions upon writs of error. Judicial Code, § 240 (Comp. St. § 1217). We shall assume without argument that the Circuit Court of Appeals also was right in taking jurisdiction on the ground that the value of the land exceeded five thousand dollars and that the title to the land was in issue in this suit. Act of January 28, 1915, c. 22, § 2; 38 Stat. 803, 804.
The decision of the Supreme Court of Porto Rico turned upon local statutes and local traditions. The caution to be used before overruling such decisions was emphasized in a recent case where the action of the Supreme Court was open to greater doubt than here. Diaz v. Gonzalez, 261 U. S. 102, 106, 43 S. Ct. 286, 67 L. Ed. 550. For here apart from the respect due to the local judgment its reasoning commands our assent. The question is whether the defendants held their possessions under a ...
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...180, 181, 58 L.Ed. 377; and have spoken of the 'caution to be used before overruling' local decisions, Fernandez & Bros. v. Ayllon y Ojeda, 266 U.S. 144, 146, 45 S.Ct. 52, 69 L.Ed. 209. 4 See also Diaz v. Gonzales, 261 U.S. 102, 43 S.Ct. 286, 67 L.Ed. 550; Fernandez & Bros. v. Ayllon y Ojed......
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...prescribed by section 1858 of the Civil Code after ten years of possession. Ochoa v. Hernandez, supra; Fernandez & Bros. v. Allyon y Ojeda, 266 U. S. 144, 45 S. Ct. 52, 69 L. Ed. 209. Therefore, Pablo Ubarri, having received his title by judicial proceedings or by deeds from a municipality ......
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Lastra v. New York & Porto Rico SS Co., 1571.
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