Martínez Mató v. Registrar of Property of San Germán

Mr. Justice De Jesús

delivered the opinion of the Court.

Appellant prays that we reconsider our decision of July 26, 1938 (53 P.R.R. -), in which we hold that an agreement to include the homestead exemption that the debtor or his successors in interest may have on the mortgaged property within the terms of the mortgage, is void, being in violation of the Homestead Law now in force (Act No. 87 of May 13, 1936, p. 460).

The motion is based mainly on a dictum which appears in the case of Franceschi v. Claudio Elena, 51 P.R.R.-, —, where, trying to explain the decision in the case of Rodríguez v.…