Poyet Perez v. Mendoza Martinez

HaMiltoN, Judge,

delivered the following opinion:

This cause comes on to be heard upon a motion by the defendant to dismiss the bill on various grounds. One related to supposed improper verification, but this has been remedied and need not be considered.

1. The next ground is that the plaintiff’s cause, of action is barred by the provisions of article 37 of the mortgage law of Porto Rico. This article gives exceptions to the rule declared in article 36, that “rescissory and resolutory actions shall not lie against third persons who have recorded the deeds of their respective interests in…