Rivera v. Lawton, 2366.

• Decision Date: 12 November 1929
• Docket Number: No. 2366.,2366.
• Citation: 35 F.2d 823
• Parties: RIVERA et al. v. LAWTON.
• Court: U.S. Court of Appeals — First Circuit

35 F.2d 823 (1929)

RIVERA et al. v. LAWTON.

No. 2366.

Circuit Court of Appeals, First Circuit.

November 12, 1929.

Henri Brown, of San Juan, Porto Rico, for appellant.

Frederick T. Paine, of New York City (F. Soto Gras, of San Juan, Porto Rico, on the brief), for appellee.

William Cattron Rigby, of Washington, D. C. (James R. Beverley, Atty. Gen., and Edward A. Kreger, Judge Advocate Gen., of Washington, D. C., of counsel), in behalf of the People of Porto Rico, as amicus curiæ in opposition to the motion to reverse and remand.

Before BINGHAM, ANDERSON, and WILSON, Circuit Judges.

ANDERSON, Circuit Judge.

This is an appeal from the Supreme Court of Porto Rico.

In July, 1922, Rafael Carrion laid out lands owned by him in a residential section of San Juan into twelve lots, six on each side of a street, naming the whole parcel Carrion's Court. He began the sale of these lots according to this plan of improvement, putting into each deed the restriction that "the purchasers, their heirs and successors agree and bind themselves to construct a single house and other restrictions which shall hereafter appear." This recorded plan created equitable easements, enforceable by each of the subsequent owners of these lands. See Glines v. Matta, 19 Porto Rico 388, in which the Supreme Court held that the doctrine set forth in section 1342 of Pomeroy's Equity Jurisprudence was applicable under the Porto Rican Code. Cf. Tobey v. Moore, 130 Mass. 448; Atty. General v. Algonquin Club, 153 Mass. 447, 27 N. E. 2, 11 L. R. A. 500.

In February, 1922, Carrion sold to the plaintiff Lawton lot No. 3 on Carrion's Court, and Lawton erected thereon a substantial house.

In January, 1922, Carrion had sold to one Joy lot No. 4, and in December, Joy sold a part of lot No. 4 to Dr. Arturo L. Carrion, a brother of Rafael; and in April, Joy sold to Rodriguez the rest of lot No. 4. Dr. Carrion acquired from lots 5 and 6 other narrow strips, so that (in short) the plan was to make the three lots, 4, 5, and 6 into four lots and build thereon contrary to the restriction. Rodriguez began the construction of a second house on lot No. 4, next to the plaintiff Lawton's property; Lawton brought in the District Court of San Juan a suit in equity; and, on full trial, obtained an injunction ordering Rodriguez to remove the part of the house already constructed and thereafter to refrain from building, contrary to the restriction. On appeal to the Supreme Court this decree was affirmed, on May 21, 1926.

Meantime, Carrion, the author of this plan of improvement, bought from Rodriguez the lot on which Rodriguez had begun a house, Carrion having full knowledge of the injunction and its affirmance by the Supreme Court; and later undertook to finish the house begun by Rodriguez. Thereupon, Lawton cited him into the District Court to show cause why he should not be punished for contempt, and a peremptory mandatory injunction issued against him ordering him to comply with the restriction. Carrion appeared and filed a long answer, and was also heard at length in evidence.

The District Court held, on rather narrow and technical grounds, that the original injunction was not binding on Carrion. On appeal to the Supreme Court, this judgment was reversed, in an able opinion by Chief Justice Del Toro, holding that Carrion was successor in interest to Rodriguez, had full knowledge of all the facts, was bound by the decree against Rodriguez, having acquired title after the judgment against Rodriguez of which he had notice, and was in contempt of court. Compare In re Lennon, 166 U. S. 548, 17 S. Ct. 658, 41 L. Ed. 1110; Union Tool Co. v. Wilson, 259 U. S. 107, 113, 42 S. Ct. 427, 66 L. Ed. 848; G. & C. Merriam Co. v. Saalfield (C. C. A.) 190 F. 927. In a supplementary opinion, the Supreme Court limited its judgment to ordering a peremptory injunction against...