B. Fernandez & Bros. v. Ojeda, 266 U.S. 144 (1924)

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B. Fernandez & Bros. v. Ojeda

No. 82

Argued October 16, 1924
Decided November 17, 1924
266 U.S. 144

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FIRST CIRCUIT

Syllabus

1. Special deference is to be paid to decisions of the Supreme Court of Porto Rico which turn upon the local statutes and traditions of the Island. P. 146.

2. A sale of land belonging to minors in Porto Rico made by their testamentary tutor without recording his appointment in the registry of tutorships, or giving the bond or taking the oath required by law, but made under order of the local district court having jurisdiction over the minors and the tutor, held a "just" or "proper" title within the ten-year prescription law, as the order was valid on its face and the purchasers were not obliged to inquire behind it, and had no actual notice of any defect. Id.

288 F. 28 reversed.

Certiorari to a decree of the circuit court of appeals reversing a decree of the Supreme Court of Porto Rico which upheld a title by prescription in a suit to set aside a sale of land.