Noble v. Gallardo Y Seary, 223 U.S. 65 (1912)

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Noble v. Gallardo y Seary

No. 147

Submitted December 22, 1911
Decided January 22, 1912
223 U.S. 65

APPEAL FROM THE DISTRICT COURT OF THE

UNITED STATES FOR PORTO RICO

Syllabus

A court of equity being a novelty in Porto Rico, it would be unjust to apply its doctrines to the conduct of parties during the period that was not governed by any rules peculiar to chancery courts.

The right to foreclose liens on crops under a mortgage executed in 1865, which is contested on the ground of laches, should be determined according to Spanish law as it prevailed during the time when laches is claimed to have taken place, and not according to the doctrines of our equity courts.

5 P.R.F. 10 reversed. ,

The facts, which involve the construction of the law of liens on crops in Porto Rico, are stated in the opinion.