Parker v. Monroig, 239 U.S. 83 (1915)

Parker v. Monroig


No. 287


Submitted October 12, 1915
Decided November 15, 1915
239 U.S. 83

APPEAL FROM THE DISTRICT COURT
OF THE UNITED STATES FOR PORTO RICO

Syllabus

A community cannot enjoy an acquet free of the obligations inseparably connected with it, and if it takes real estate, as in this case, subject to a servitude imposed by the master of the community before acquisition, it cannot enjoy the property afterwards free from such servitude because of the failure of the wife thereafter to unite therein. Porto Rico Code, § 4481, is only applicable to cases of lesion in cases of sale embraced in § 4480 of that code (§ 1375 of the previous code).

The facts, which involve contracts affecting realty afterwards becoming community property and the liability of the community thereon, are stated in the opinion.