
    Vazquez v. The Registrar of Property.
    Appeal from a decision of the Registrar of Property of Mayagüez.
    No. 10.
    Decided December 15, 1904.
    Dominion Title — Authentic Document — Description.—A certificate issued by the secretary of a district court, -wherein a description is given of the property for which a dominion title is sought, is an authentic document for the purposes of inscription in accordance with the' provisions of article 3 of the Mortgage Law.
    Id. — Order Granting a Dominion Title. — If in an order granting dominion title the proceedings which were had in order to prove the ownership of the property m question have not been made to appear, such document is defective in the requirements which are necessary in order that the same may be admitted to record in accordance with the provisions of article 440 of the Mortgage Law, and the sanie cannot be recorded.
    STATEMENT OE THE CASE.
    The hearing was had in this appeal, which was taken by Fernando Vázquez from a memorandum decision of the Registrar of Property of Mayagüez, refusing to record an order approving judicial proceedings prosecuted to prové the ownership of-a rural estate (dominion title).
    Fernando Vázquez Morales having prosecuted a proceeding in the District Court of Mayagüez to prove the own-ship of a rural estate, the judge of said court made an order under date of August 31st, last, which'reads as follows:
    “This motion having been heard, the court is of opinion that in this case the facts are in favor of the petitioner, and that the ownership of the property- described in the application should be declared, and the same is hereby declared to be in the petitioner, Fernando Vázquez Morales, because the fact has been clearly established.”
    A certified copy of the order of approval. dated August 31st was issued by the secretary of the said court, wherein there was included a description of the property referred to in the petition filed in the dominion title proceedings. The said certificate baying been presented at tbe Begistry of Property of Mayagiiez for record, tbe registrar refused to enter tbe record sought, for tbe reasons set out in tbe memorandum decision entered on tbe back of tbe certified copy so presented, and which decision reads as follows:
    “Tbe admission to record of tbe foregoing document is denied because a description of the property is not embodied in the decision of the court granting a dominion title thereto, and because it does not appear from the said document what procedure has been followed, which prevents the classification of the said document, because it does not possess the requisites required by the Mortgage Law to be set out in the record; but instead of admitting the same to record the cautionary notice provided for by the law of the Legislative Assembly of this Island in regard to appeals, from decisions of registrars of property, an entry is made at folio 54 of volume 58 of this city, property No. 2,770, entry letter ‘A,’ which entry shall have legal effect during one hundred and twenty days from this date. Mayaguez, September 23, 1904. José E. Benedicto, Acting Registrar.”
    Not being satisfied with tbe adverse decision of tbe registrar, tbe petitioner Fernando Vazquez entered a written appearance before this Supreme Court within tbe time provided for by law to take this appeal, and praying that tbe said memorandum decision be reversed, and that tbe registrar be ordered to record tbe document presented. Tbe registrar of property also entered an appearance in writing alleging in turn tbe reasons which be deemed proper in justification of bis decision.
   Me. Chief Justice QuiñoNes,

after stating tbe foregoing facts, delivered tbe opinion of tbe court.

Aside from tbe description of tbe property embodied in tbe certificate issued by tbe secretary of tbe District Court of Mayagüez, with reference to tbe proceedings to establish tbe ownership of tbe property, and which constitutes an authentic document for tbe purposes of inscription, according to article 3 of the Mortgage Law in force in this Island, it is evident that the proceedings pros'ecnted to prove the ownership of the rural estate in question not having been set out in the order made by the judge of the said district court, the document presented is wanting in those requirements which are necessary in order that the registrar may admit the same to record and comply with the provisions of article 440 of the Regulations for the execution of the said Mortgage Law.

The order approving said proceedings being substantially defective the ownership (dominion title) involved herein cannot be admitted.

In view of the legal authorities cited the decision of the Acting Registrar of Property of Mayagfiez refusing to record the document in question, and which has given rise to this appeal, is hereby affirmed, and the said document is ordered to be returned, together with a certified copy of this decision, to the registrar of property for his information and for the information of the party in interest, and for such other legal effect as may be proper.

Affirmed.

Justices Hernández, Pigueras, MacLeary, and Wolf concurred.  