Benítez v. Benítez-Gómez

delivered tbe opinion of tlie court.

A creditor having in his favor a mortgage nevertheless *217elected to file an ordinary suit to recover Ms debt. The said creditor obtained an attachment before judgment, a judgment by default, executed on the property covered by the mortgage and bought in the property himself at the execution sale. We have before us a suit to annul all or some of the foregoing proceedings.

The District Court of San Juan, Second Section, sustained a demurrer to the complaint on the ground that the judgment of another court of equal jurisdiction could not be attacked in this form.…