Olloqui v. Duran

On Motion for Rehearing and to Certify.

We are not unmindful of the established rule of this state that the value of the-chattels described in a mortgage sought to-be foreclosed determines the amount in controversy, and where such value is shown to exceed in amount the jurisdiction of the court, such .will oust the court of the right to proceed to judgment. However, the value of the property must be shown, either in the pleading or evidence, to ¡raise the issue. Courts may not indulge the presumption that the property value exceeds the jurisdictional amount of the court In a suit to foreclose…