
    Ex Parte Miner.
    Appeal from the District Court of San Juan.
    No. 111.
    Decided April 12, 1904.
    Dominion Title' — Possession to Acquire Same — Good Eaith — Proper Title. —In order to acquire a dominion title to real estate by ordinary prescription, possession for six years in good faith and under a proper title is necessary
    Id. — Classification op Title. — The classification of the title is a power vested in the court, and it is necessary that the nature of the title by virtue of which possession is held be shown, so as to enable the court to consider and determine whether or not it is a proper title.
    STATEMENT OE THE CASE.
    This is a proceeding instituted in the District Court of San Juan by Attorney Luis Freyre Barbosa, on behalf of Mr. W. W. Miner, with reference to the investigation of the ownership cf a rural estate, which case is pending before us upon an appeal taken by the counsel for the petitioner from the judgment rendered by the said district court, and which reads as follows:
    "Porto Rico, September 1, 1903. On the 12th day of April of the present year Attorney Luis Freyre Barbosa, as the legal representative of W. W. Miner, addressed himself to the court and alleged that, his predecessor in interest being without a written dominion title, he was .desirous of establishing, in accordance with the Judicial Order of April 2, 1899, and article 395 of the Mortgage Law, that he is the owner of a rural estate situated in the barrio ‘Candelaria’ of Bayamón, formerly Toa Baja, composed of 30 cuerdas, being equivalent to 11 hectares, 79 ares and 19 eentares, and bounded on the north by lands of Mr. George Case, represented by Mr. Henry Groseh; on the south by the highway extending from Cataño to Reyes Católicos; on the east by lands of Mr. Francisco Dávila; and on the west by the lands of Mr. Jnan Ortiz; that two years ago he acquired said estate from one Nicolás Román, who had sold the same after having been in the possession thereof for more than twenty years without opposition on the part of anyone, and that said lands are valued in the sum of five hundred dollars. He requested a declaration of ownership, the publication of notices, the citations required by law, and that an examination of witnesses be had upon the basis of the following interrogatories 1. General interrogatories required by law; 2. Whether it is true that Nicolás Román has been in the quiet and peaceable possession of the estate • described in the body of this petition for the period of more than twenty years; 3. Whether it is true that said possession and property had been transferred two years ago, more or less, by virtue of a eon-tract of purchase and sale, to W. W. Miner, who also, since the time he purchased the same from Román, has likewise been in the quiet and peaceable possession thereof without opposition on the part of anyone; 4. Whether the above facts are public and notorious.
    “The record of the case having been returned after examination by the Department of Justice, the notices having been published in ‘The Porto Rico Sun,’ and the adjoining property owners having been summoned in legal form, but not so the former possessor, the witnesses answered the second interrogatory in the affirmative and likewise stated that they knew of their own knowledge that the third interrogatory was true, that they also knew of their own knowledge that both the present owner and the former owners have been in possession of the estate in good faith and under a proper title and paid taxes thereon, and stated in answer to the fourth interrogatory that these facts are public and notorious.
    “A date having been set for the hearing, and the Fiscal having been cited, counsel for the petitioner appeared and alleged such matters as he deemed necessary in support of his rights.
    “Even upon the supposition that'possession under a proper title has been shown, the petitioner has had such possession for more than two years only, whereas the judicial order upon which the proceedings are founded requires six years.
    “Inasmuch as the witnesses testified that the former holder was in possession of the estate for twenty years in good faith and under a proper title, but without specifying the kind of title so as to enable the court to determine whether it was a proper one or not, such statement is not sufficient to form, a rational opinion upon the subject, as the court, and not the witnesses, is the one called upon to make the classification of the title.
    “The declaration of ownership applied for is denied.
    ‘ ‘ It was so ordered and signed by the judges of the court, to which I certify. Prank H. Richmond, José Tous Soto, Otto Schoenrieh. —Luis Méndez Yaz.”
    From this judgment counsel for the petitioner took an appeal, which was allowed both for review and stay of proceedings and the record having been sent up to this court, after a citation of the parties, and the appellant having appeared, the appeal was conducted with the proper formalities and a day was set for the hearing, the attorney for the appellant and the Fiscal of this court, who opposed the appeal, being present when the same was held.
    
      Mr. Freyre Barbosa, for appellant.
    
      Mr. del Toro, Fiscal, for the People.
   MR. Chief Justice Quiñones,

after making the foregoing statement of facts, delivered the opinion of the court.

The findings of fact and conclusions of law of the judgment appealed from are accepted.

Having examined the legal provisions therein cited, we adjudge that we ought to affirm and do affirm the said judgment, with costs against the appellant.

Justices Hernández, Figueras, Sulzbacher and MacLeary concurred.  