Franceschi y Franceschi v. Jones
District Court, D. Puerto Rico
Statement of Facts. The litigation in this case concerns the title to a coffee plantation known as Limón in the municipality of Juana Diaz, Porto Rico, and has come up in this court a number of times. The facts as shown by the testimony prove to the satisfaction of the court that on April 8, 1878, Felix Olivieri sold the property, containing 268 cuerdas, to Alvarado Hermanos in payment of a certain debt, and that the dominio title was duly registered in the grantees.
Read the full summary
Statement of Facts. The litigation in this case concerns the title to a coffee plantation known as Limón in the municipality of Juana Diaz, Porto Rico, and has come up in this court a number of times. The facts as shown by the testimony prove to the satisfaction of the court that on April 8, 1878, Felix Olivieri sold the property, containing 268 cuerdas, to Alvarado Hermanos in payment of a certain debt, and that the dominio title was duly registered in the grantees. May 16, 1882, Alvarado Hermanos sold the property back to Olivieri for 20,000 pesos, and, to secure the purchase money, placed…
1Opinion of the Court
Hamilton, Judge,
delivered the following opinion:
1. The Olivieri estate has been before this court in different forms for many years. It is not always possible to reconcile the views taken by the different judges, or perhaps even by the same judge at different times. We are now cited to the decision of the present incumbent in that branch of the case known as Pettingill v. Jones, ante, 183, No. 260 Equity, as establishing that the title held by Jones is that of a mortgagee, and therefore subject to redemption. A kind of judicial estoppel is invoked, wherein it is sought to have the court make,…
2Cases cited23 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Nashville, Chattanooga & St. Louis Railway Co. v. United StatesSupreme Court of the United States · 1885
- Denny v. BennettSupreme Court of the United States · 1888
- Gay v. ParpartSupreme Court of the United States · 1883
- Boykin v. Bank of MobileSupreme Court of Alabama · 1882
18 more not listed; retrieve them via the Exa API.