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Torres v. Lothrop, Luce & Co., 231 U.S. 171 (1913)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Torres v. Lothrop, Luce & Co., 231 U.S. 171 (1913)
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Torres v. Lothrop, Luce & Company No. 17 Argued October 31, 1913 Decided December 1, 1913 231 U.S. 171
APPEAL FROM AND IN ERROR TO
THE SUPREME COURT OF PORTO RICO
Syllabus
The due process clause of the federal Constitution does not control mere forms of procedure provided only the fundamental requirements of notice and opportunity to defend are afforded. Louisville & Nashville R. Co. v. Schmidt, 177 U.S. 230.
Where the appellate court is without authority to consider errors of the trial court which were not there assigned, this Court cannot reverse the appellate court for error in not deciding matters which it has no authority to pass on.
Although proceeds of a crop received by a mortgagee of the land may by law be imputed to payment of interest on the mortgage, and not to other advances, they may, under a special contract with the mortgagor and by his subsequent acquiescence, be applied to payment of advances instead of interest.
In the absence of clear conviction of error, this Court follows the conclusions of the court below in applying the local law.
One who has transferred his mortgaged premises by deed recorded prior to the foreclosure suit cannot set the foreclosure aside on the ground that the court excluded testimony offered to how that the transfer was fictitious, and that he was still the owner, and entitled to notice.
16 P.R. 172 affirmed.
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.
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Chicago: U.S. Supreme Court, "Syllabus," Torres v. Lothrop, Luce & Co., 231 U.S. 171 (1913) in 231 U.S. 171 231 U.S. 172–231 U.S. 173. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=T7EB7JDPXXAUSN6.
MLA: U.S. Supreme Court. "Syllabus." Torres v. Lothrop, Luce & Co., 231 U.S. 171 (1913), in 231 U.S. 171, pp. 231 U.S. 172–231 U.S. 173. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=T7EB7JDPXXAUSN6.
Harvard: U.S. Supreme Court, 'Syllabus' in Torres v. Lothrop, Luce & Co., 231 U.S. 171 (1913). cited in 1913, 231 U.S. 171, pp.231 U.S. 172–231 U.S. 173. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=T7EB7JDPXXAUSN6.
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