Citations
- 16 F.2d 841
Full opinion text
JOHNSON, Circuit Judge.
This is an appeal from the judgment of the district court of Ponce in favor of the defendant in error in an action of reivindicación brought by the heirs of Marcial Serralles to establish their title to an estate in the municipality of Santa Isabel, judicial district of Ponce, Porto Rico, against the defendant, the assignee of heirs of Juan Serralles, a brother of Marcial. The estate is called in the record by the different names of “Las Hoyas,” “Regalo,” and “Las Ollas.”
In their complaint the plaintiffs claim title on two grounds, viz. as a gift to Marcial from his brother, Juan, and possession for a sufficient time, under the laws of Porto Rico, to give title by prescription.
The defendant claims title through a deed executed by Jose Cerda to Juan Serralles in 1881 and a deed to it from the heirs of Juan.
The defendant is a civil, agricultural, and industrial partnership known as “Sucesión of J. Serralles.”
■ The complaint alleges upon information and belief that Juan purchased this property in 1877 and gave it to his brother Martial as compensation for services rendered by the latter to the former, and that the deed was originally made out in the name of Marcial, the property being described therein under the name of “Regalo”; that later, however, the property was deeded to Juan, so that he might make a claim to certain lands that were not included in the deed to Marcial, because Juan had made the contract of purchase.
The defendant in its answer denied that the purchase was made in 1877, and alleged that it was made in 1881, and also denied that it was purchased by Juan with the intention of giving it to his brother Marcial as payment for services, or that he ever gave it by deed or otherwise to Marcial, and further alleged that Juan, “whose wealth consisted almost entirely of real estate, was in a better financial condition than his brother and desired to help him,” purchased the land in question to provide a pasture for Martial’s cattle, as troubles had arisen between his foreman and Marcial, because of the trespassing of his cattle upon Juan’s property.
’ The complaint also alleged that the plaintiffs and their ancestors, as owners, remained in possession of the land in question until September, 1908, when they were ousted by a judgment obtained in an action for unlawful detainer brought by the heirs of Juan.
The district court of Ponce rendered judgment in favor of the defendant, and this was affirmed by the Supreme Court of Porto Rico.
The assignment of errors which have been argued are: First, the Supreme Court of Porto Rico erred in holding that the district court committed no error in admitting as evidence, the will and testament of Juan Serralles; second, the Supreme Court of Porto Rico erred in rendering judgment affirming the judgment of the district court. The first assignment of error relates to the admission in evidence, to which exception was taken, of the will of Juan Serralles, which in its seventh clause reads as follows:
“Seventh. I bequeath to Sebastian Marcial Serralles, my brother, or his successors, the sums he may owe me at the time of my decease as shown by my books of account; in other words, any. accounts I may have against him are to be considered as paid. I also devise to my said brother or his successors, the lands contained in my property, Paraíso, which are situated in the Real ward.”
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