Succession of Serralles v. Esbri
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF PORTO RICO. . The appellee, plaintiff below, commenced this action, called a “declaratory action of greater import,” (Law of Civil Procedure, Porto Rico, Arts. 480, 481, 482), to obtain payment of ' certain sums due on an indebtedness of the defendant (appellant), secured by mortgage, as stated in that instrument. ,She obtained judgment in her favor in the proper District Court of Porto Rico, which was affirmed by the Supreme Court of the…
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APPEAL FROM THE SUPREME COURT OF PORTO RICO. . The appellee, plaintiff below, commenced this action, called a “declaratory action of greater import,” (Law of Civil Procedure, Porto Rico, Arts. 480, 481, 482), to obtain payment of ' certain sums due on an indebtedness of the defendant (appellant), secured by mortgage, as stated in that instrument. ,She obtained judgment in her favor in the proper District Court of Porto Rico, which was affirmed by the Supreme Court of the island, and the defendant has appealed from that judgment to this court. The sole question is whether the debt may be…
1Opinion of the CourtJustice Peckham
The question arises herein whether this court has jurisdiction to hear the case, upon appeal or otherwise. The action is one to recover the interest due, on an indebtedness from the appellant to the appellee, on account of the purchase by the former of- a certain interest in. a plantation in Porto Rico, owned by the testator of. appellee, which indebtedness was secured' by a mortgage. This action is in its nature something like one to foreclose a mortgage. The question arising in .the case is in ■regard to the kind of money in which the indebtedness of appellant (both that dúe at the time of…
2Cases cited4 opinions
- United States v. Utah, Nevada & California Stage Co.Supreme Court of the United States · 1905
- Crowley v. United StatesSupreme Court of the United States · 1904
- City of San Juan v. St. John's Gas Co.Supreme Court of the United States · 1904
- Rodriguez v. United StatesSupreme Court of the United States · 1905
3Cited by8 opinions
- Dougherty v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1934
- Romeu v. ToddSupreme Court of the United States · 1907
- Hinrichs v. Davenport Locomotive WorksSupreme Court of Iowa · 1927
- Fitch v. HelveringCourt of Appeals for the Eighth Circuit · 1934
- American R. Co. of Porto Rico v. CastroSupreme Court of the United States · 1907
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