Torres v. Lothrop, Luce & Co.
Supreme Court of the United States
APPEAL FROM AND IN ERROR TO THE SUPREME COURT OF PORTO RICO. The facts, which involve the validity of a sale of real estate in Porto Rico made in judicial proceedings for the foreclosure of a mortgage, are stated in the opinion. This court has jurisdiction on this appeal, as the property claimed and involved is far exceeding the value of $5,000. Royal Ins.
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APPEAL FROM AND IN ERROR TO THE SUPREME COURT OF PORTO RICO. The facts, which involve the validity of a sale of real estate in Porto Rico made in judicial proceedings for the foreclosure of a mortgage, are stated in the opinion. This court has jurisdiction on this appeal, as the property claimed and involved is far exceeding the value of $5,000. Royal Ins. Co. v. Martin, 192 U. S. 149. The summary proceedings under the mortgage law of Porto Rico are contrary to the provisions of the Constitution of the United States. There is really no defense to the proceedings on a mortgage under this law.…
1Opinion of the CourtChief Justice White
court.
The plaintiff in error, Marcelino Torres Zayas, in January, 1908, brought this suit to set aside a sale of real estate, made in judicial proceedings, of a summary or executory character, for the foreclosure of a mortgage and to recover the property with fruits, revenues and damages. The right to the relief sought was based, broadly speaking, upon the following grounds: a, the prematurity of the suit to foreclose because there was nothing due when the proceedings were commenced; b, the absence of a necessary party; c, vices in the proceedings, of such a character as to cause them to be…
2Cases cited2 opinions
- Louisville & Nashville Railroad v. SchmidtSupreme Court of the United States · 1900
- Garzot v. De RubioSupreme Court of the United States · 1908
3Cited by32 opinions
- Bianchi v. MoralesSupreme Court of the United States · 1923
- Sabalier Sabalier v. Iglesias PantínSupreme Court of Puerto Rico · 1925
- Annoni v. Sucesión de NadalSupreme Court of Puerto Rico · 1941
- Hermanos v. H. C. Christianson & Co.Supreme Court of Puerto Rico · 1918
- Owens v. BattenfieldCourt of Appeals for the Eighth Circuit · 1929
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