Cuello v. Fuster
District Court, D. Puerto Rico
1. A owned two tracts, one mortgaged to B and the other to C. He defaulted as to B, who began foreclosure proceedings. Thereupon C broke off negotiations for the purchase of the tract mortgaged to him and also foreclosed. B, in his foreclosure cáse, also attached the tract mortgaged to C, and, at the sales, bought in both tracts. His suit was afterwards, by the supreme court of Porto Rico, reversed and dismissed.
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1. A owned two tracts, one mortgaged to B and the other to C. He defaulted as to B, who began foreclosure proceedings. Thereupon C broke off negotiations for the purchase of the tract mortgaged to him and also foreclosed. B, in his foreclosure cáse, also attached the tract mortgaged to C, and, at the sales, bought in both tracts. His suit was afterwards, by the supreme court of Porto Rico, reversed and dismissed. He retained possession of both tracts and filed a second foreclosure suit. A filed an action on the law side against B, claiming damages for wrongful attachment in the first case;…
1Opinion of the Court
Rodey, Judge,
delivered the following opinion:
The issue before us at this time in this cause is that raised by the demurrer and exceptions to the answer and cross bill. The respondent Bernardo Aguilo Fuster, it seems, is the real, party in interest, the other respondent, Juan Rosell y Maymi,, being practically a nominal party only. A statement of the facts is necessary to an understanding of the situation.
In the year 1899, the respondent Bernardo Aguilo Fuster executed a mortgage on a tract of land near Yauco, in this-island, in favor of the complainant, Francisco Marques Cuello,, to secure…
2Cases cited5 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Perez v. FernandezSupreme Court of the United States · 1906
- King v. MontgomeryCalifornia Supreme Court · 1875
- Day v. BachThe Superior Court of New York City · 1880