Legal Opinion

Aldea y Díaz v. Tomás y Piñá

Supreme Court of Puerto Rico

Decided June 18, 1937No. 7000Published

1Opinion of the CourtChief Justice Del Toro

This is an action to enforce a homestead claim amounting to $500. The action was commenced in a municipal court which rendered judgment in favor of the plaintiff, and, on appeal to a district court, that judgment was reversed. Plaintiff is the widow of Fernando Pozada who owned jointly with her the property in which the homestead right is claimed, and the defendants are the heirs of Ana Piñán, the mortgage creditor who foreclosed the property without satisfying the homestead claim.

In the complaint it was alleged in substance that Fernando Pozada .and his wife, the plaintiff, bought in 1917 a…

2Cases cited3 opinions

  1. Carey v. BoyleWisconsin Supreme Court · 1881
  2. Rodman v. SandersSupreme Court of Arkansas · 1884
  3. Engaard v. SchmidtNebraska Supreme Court · 1919

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