
    El Banco Territorial y Agrícola v. Cintrón.
    Appeal in complaint from a decision of the District Conrt of Humacao.
    No. 5.
    Decided June 17, 1904.
    Mortgage — Summary Foreclosure Proceeding — Mortgage Debtor. — A mortgage debtor is not a party to a summary proceeding prosecuted according to the provisions of the Mortgage Law and the regulations for the execution thereof, because the same is an ex parte proceeding.
    STATEMENT OF THE CASE.'
    In summary executory proceedings instituted by tbe Banco Territorial y Agrícola, located in this city, against Margarita and Eulalia Cintrón and tbe estate of Facundo, of tbe same surname, former members of tbe firm of Cintrón Hermanos, for tbe recovery of a credit according to tbe procedure prescribed by tbe Mortgage Law and tbe Regulations for its execution, tbe District Court of Humacao, by order of the 8th of May of .last year, declined to allow tbe appeals for a review taken from tbe order of tbe 22d of January of tbe said year, refusing to suspend tbe public sale of the mortgaged estate, and from tbe order of tbe 26th of March directing the adjudication of said property to tbe creditor.
    By order of August 20, 1903, tbe reconsideration of the order of tbe 8th of May of said year, requested by counsel for tbe members of tbe former firm of Cintrón Hermanos, was denied, and tbe certified copies requested by him in a supplementary petition to said application were furnished him.
    Upon this transcript Attorney Eduardo Acuña, on behalf of tbe defunct debtor firm, took an appeal in complaint to this court, claiming that tbe same should be allowed and that in consequence thereof tbe Humacao court should be directed to bear tbe appeal of bis clients from tbe order of tbe 26th of March of last year, in tbe form in which it was interposed by them.
    
      For the purpose of passing npon the matter more intelligently a certified copy of the decree of award of the 26th of March of said year was added to this record.
    
      Mr. Eduardo Acuña, for appellant.
    
      Mr. Juan de Guzmán Benitez, for respondent.
   Opinion of the Court. ■

The decisions npon which the present appeal in complaint is predicated were not rendered in an action between the Banco Territorial y Agrícola and the former members of the firm of Cintrón Hermanos, bnt in special proceedings of a summary character to which the debtor cannot be a party and in whose favor, according to said Mortgage Law and Regulations, exist means and guarantees for obtaining reparation for such injuries as he may have sustained.

In view of the foregoing facts the appeal taken herein does not lie.

In view of article 128 of the Mortgage Law and article 175 of the Regulations for its execution, the present appeal in complaint is disallowed, with costs against the appellant. This decision is ordered to be communicated to the District Court of Humacao for proper action.

Chief Justice Quiñones and Justices'Hernández, Figueras and MacLeary concurred.

Mr. Justice Sulzbacher did not sit at the hearing of this case.  