ASSIGNMENT OF MORTGAGE CREDIT.

1. ASSIGNMENT OF MORTGAGE CREDIT.-Sections 1126 and 1127 of the Civil Code
are not applicable to an assignment of a mortgage credit which cannot be
considered as a simple payment, but must be deemed a subrogation. Mon-
tilla v. Van Syckel et al, 154.

2. ID. SUBROGATION OF RIGHTS.-Sections 1177 and 1178 of the Civil Code are
not applicable to an assignment of a mortgage credit, with respect to which
the subrogation of the assignee to the rights of the assignor is not presumed,
but, on the contrary, it is expressly recognized by article 152 of the Mort-
gage Law, which is not in conflict with the provisions of the Civil Code and
which has not been repealed or modified thereby. Id.

3. ID. CONSENt of Debtor.—In order to convey or assign a mortgage credit it
is not necessary that the debtor shall give his consent to the transaction, nor
is it necessary to specify in the instrument itself that a subrogation is ef-
fected, because the law provides that subrogation is the legal consequence of
the assignment.

ATTACHMENTS. See APPEAL, 12.

ATTORNEY'S FEES.

-

1. ATTORNEY'S FEES- COMPULSORY PROCEEDINGS PRINCIPALS AGENTS.-An
action to recover attorney's fees by compulsory proceedings and in accord-
ance with the old law of Civil Procedure can be prosecuted only against the
solicitor who may have intervened in the suit, and if no solicitor intervened
therein, then against the obligee, but not against his attorney in fact, be-
cause the liabilities of attorneys in fact to make good obligations of their
principals is conditional and depends upon the instructions which they may
have received therefrom. Battistini v. Tous Soto, District Judge, 190.
2. ID. CERTIORARI-ILLEGAL PROCEEDINGS.-An action for the recovery of attor
ney's fees by compulsory proceedings prosecuted against the attorney in
fact of the party bound to pay the same is an illegal and ineffectual pro-
ceeding, which may be annulled on application for a writ of certiorari.

3. ID. NO ORDINARY REMEDY.-The object of the writ of certiorari is to afford
an opportunity to superior courts to review and correct errors in matters of
procedure committed by inferior courts in cases where there is no other
ordinary remedy.

See WANT OF CAUSE OF ACTION, 1, 2.

ATTORNEY IN FACT.

1. ATTORNEY IN FACT-PRINCIPAL.-An attorney in fact who does not fail to
comply with any specific instructions or any obligation expressly imposed
by the power of attorney, and who, on the contrary, follows strictly the
provisions thereof, cannot be held responsible for the acts of a principal,
nor can he be charged with any fault, indemnification or delay by virtue
thereof. Córdova v. The Banco Español de Puerto Rico, 514.

See POWER OF ATTORNEY, 1.

BANKRUPTCY. See MORTGAGES, 1.

B

BILL OF EXCEPTIONS. See APPEAL, 4, 5, 15, 19, 20, 21, 22, 23, 24, 29, 34.

BOARD OF REVIEW AND EQUALIZATION. See TAXES, 1.

BOND. See HABEAS CORpus, 7.

BOUNDARIES.

1. FIXING OF BOUNDARIES OF RURAL ESTATE.-Where in judicial proceedings to es-
tablish the boundaries of a rural estate the owner of an adjoining prop-
erty makes objection the proceedings should be discontinued with respect to
the boundary which is the cause of such objection, reserving to the party
his rights to prosecute the proper action for the protection of his rights.
Rosas v. Mariani, 354.

BURDEN OF PROOF. See EVIDENCE, 4.

CANCELLATION OF ENTRIES. See ENTRIES IN OLD REGISTRIES, 5.
CANCELLATION OF RECORD. See ENTRIES IN OLD REGISTRIES, 6.

CAPACITY.

1. LACK OF CAPACITY OF THE PARTIES.-The fact that a person is a natural daugh-
ter will not deprive her of the right to appear in a judicial proceeding, nor
will the fact that the name in which she appears is not legally hers be
sufficient to warrant the assumption that she lacks the necessary legal ca-
pacity, unless it is proven that she has made use of an assumed name for
the purpose of usurping rights and actions which did not belong to her.
Landrón v. Saldána, 418.

See PUBLIC INSTRUMENT, 3.

CAUTIONARY NOTICE.

1. CAUTIONARY NOTICE-REQUISITE IN ORDER THAT SAME MAY HAVE LEGAL
EFFECT PREFERRED RIGHTS-THIRD PERSON.-In order that a cautionary
notice may have legal force and effect it is a necessary condition that the
property with respect to which the same is constituted shall not belong to
a third person, but the debtor himself, in order that the right thereby
secured may have preference as against other credits created subsequently
to the entry of such notice. Velez v. Camacho et al., 35.

2. EFFECTS OF ENTRY-SUBSEQUENT CREDITS.-A cautionary notice of attach-
ment directed by judicial order to be entered, and the purpose of which is
only to guarantee the outcome of the proceedings, does not create or estab-
lish any right whatever, nor does it alter the nature of obligations, nor
can it convert into a real or mortgage action one which does not possess
that character, nor does it produce any effect other than to give to the
creditor obtaining it, only as to the properties entered, preference over
other credits against the said debtor created subsequent to the entry of
the cautionary notice. Id.

3. ID.—THIRD PERSONS-RECORD-PERSONAL CREDIT.-For the purposes of the
Mortgage Law, in order to determine whether a party possesses the charac-
ter of a third person, reference must be had to the records and entries, and
the latter must be considered in relation to the credits created subsequently
to the personal credit guaranteed by the first entry made in the registry. Id.

CAUTIONARY NOTICE-CONTINUED.

4. ID. NOTICE OF ATTACHMENT.-Notices of attachment levied on property of
the debtor cannot prejudice the right of ownership which a third person
may have acquired in the same property prior to the entry of such notice
by virtue of a contract of purchase and sale in accordance with law, al-
though on the date the notice was entered the formality of reducing the
said contract to writing in a public instrument may not have been complied
with. Id.

5. ID. The provisions of article 44 of the Mortgage Law are in perfect har-
mony with subdivision 1 of article 71 of the same legal authority. Id.

6. ID. COMPLAINT AND INTERVENTION OF OWNERSHIP-RIGHTS OF THE PARTIES—
PURCHASE AND SALE-DELIVERY OF REAL PROPERTY.-The question to be
discussed and decided in an action in intervention of ownership is merely
to determine the rights which the parties may have in the real estate in
litigation, just as they appear from the record, and it is immaterial whether
the purchaser or plaintiff in intervention acquired a real right in the prop-
erty by reason of the fact that it was not delivered to him.

CENSO.

1. CENSO RECORDS-TRANSFER OF ENTRIES FROM THE OLD TO THE NEW BOOKS
OF THE REGISTRY.-In order to effect the transfer of an encumbrance entered
in the books of the old registry of mortgages to the modern books of the
registry of property, it is an indispensable requisite that the property to
which the old entry refers be identified as the one in respect to which the
transfer is sought to be made. Díaz Caneja v. Registrar of Property, 63.
CERTIFICATES OF SALE. See RECORD OF TITLE, 2.

CERTIORARI.

1. CERTIORATI-PETITIONER NOT A PARTY TO THE PRINCIPAL ACTION.-Where the
applicant for a writ of certiorari is not a party to the principal action, it
will not prevent him from pursuing said remedy, because if the proceedings
in such a case should produce results prejudicial to his interests he thereby
becomes an interested party to the extent that he may seek a writ of
certiorari. Arpin v. Del Toro, District Judge, 276.

2. ID. WHEN THE REMEDY WILL LIE.-The writ of certiorari is a privileged and
extraordinary remedy which can only be resorted to in the absence of ade-
quate remedy to repair the injury.

3. CERTIORARI-ACTS PERFORMED BY A MARSHAL.-The Supreme Court may re-
view on certiorari proceedings the acts performed by a marshal if the same
have been made to appear in the record of the case. Delgado v. District
Court of Mayagüez, 484.

4. ID. ORDINARY, ADEQUATE, AND EFFECTUAL REMEDY.-The writ of certiorari
will not issue in cases where there is an adequate and effectual remedy in
the ordinary proceedings provided by law.

5. ID. CASES IN WHICH THE PETITIONER WAS NOT A PARTY TO THE PRINCIPAL
ACTION.-Only in very extraordinary cases will the Supreme Court issue a
writ of certiorari on the petition of a person who has not been a party to
the suit, the review of which is sought to be obtained.

CERTIORARI-CONTINUED.

6. ID.-DEFENDANT IN CERTIORARI PROCEEDINGS.-In certiorari cases the proceed-
ings should be prosecuted against the judge of the court having cognizance
of the suit, the review of which is sought by the defendant.

7. ID.-APPEAL.-An appeal and not the writ of certiorari is the proper and ade-
quate remedy to correct errors committed in an ordinary proceeding, and in
order that a party who believes his rights to have been infringed upon by
virtue of an illegal and defective proceeding, may avail himself of the bene-
fits of the writ of certiorari, he must show that he has exercised due dili-
gence in the defense of his rights or that he cannot obtain effective relief
in an ordinary proceeding.

8. CERTIORARI.-The Supreme Court has jurisdiction to issue a writ of certiorari
in cases where the lack of an ordinary remedy prevents him from other-
wise correcting the errors committed in a proceeding. Battistini v. District
Court of Ponce, 562.

9. ID.-ANNULMENT OF JUDGMENT WANT OF CAUSE OF ACTION.-The writ of
certiorari will issue to annul a judgment when from the record it appears
that the plaintiff has failed to prove facts sufficient to constitute a cause of
action against the defendant upon which the judgment rendered against
him is based.

See ATTORNEY'S FEES, 2.

CHANGE OF SOVEREIGNTY.

1. CHANGE OF SOVEREIGNTY.-Spanish subjects residing in Porto Rico when the
change of sovereignty took place, and who allege that they are citizens of
Spain, must duly prove that they have not lost their rights to claim Spanish
citizenship by complying with the provisions of article 9 of the Treaty of
Paris. Cruz v. Dominguez, 551

CHURCH AND STATE (SEPARATION OF). See PUBLIC INSTRUMENT, 2.
CITATION.

1. IRREGULARITIES IN CITATION-APPEARANCE OF PARTY.-Whatever may be the
defects or irregularities existing in the citation of a party to appear in an
action, the same will be corrected by his appearance therein. Landrón v.
Saldana, 418.

CIVIL STATUS OF FOREIGN SUBJECTS.

See DIVORCE, 20.

CLEMENCY, RECOMMENDATION OF. See CRIMINAL LAW, 4.

COLLATERAL LINE. See INHERITANCE, 1.

COLLECTION OF ILLEGAL TAXES. See TAXES, 10, 11.

COMMERCIAL BOOKS. See INJUNCTION, 11, 12.

COMMERCIAL INSTRUMENTS. See PARTNERSHIP, 4.

COMMISSION. See LEASE, 7.

COMMITMENT. See HABEAS CORPUS, 8, 21, 28.

COMMUNITY OWNERSHIP.

1. COMMUNITY OWNERSHIP OF PROPERTY-PARTICIPANTS IN THE COMMUNITY
OWNERSHIP-INSCRIPTION OR CONVEYANCE OF PROPERTY OWNED IN COMMON.-
Where real property is recorded in the registry of property in favor of
several persons who own the same in undivided interests and without stat-
ing the proportion which each participant owns, none of the coowners can
have a specific portion of such property recorded in his name or convey the
same without the consent of all of the other coowners. Cabañas et al. v.
Registrar of Property, 71.

2. ID.-Although in accordance with section 400 of the Civil Code now in force,
unless the contrary be proved, it will be presumed that all of the partici-
pants in community ownership own equal shares therein, this provision
should be understood as applying to the civil effect of the community
ownership when the portion or share of each of the participants in the thing
owned in common is not specified, but not for the purposes of the Mortgage
Law, which is the law governing the manner of making records and the
effects thereof. Id.

3. RECORDS-Requirements THEREOF.—In records entered in the registry the real
extent of the right recorded should be clearly stated, as well as the value
thereof, if it should appear in the title, and if by such title the ownership or
the possession of real property or property rights are transferred or encum-
bered, the same cannot be recorded or entered unless the right of the per-
son executing the same or in whose name the transfer or encumbrance is
made appears previously to have been entered or recorded in the registry.
Id.

4. ID. DEFECT CAPABLE OF CORRECTION.-Failure previously to record real estate
in favor of the person conveying or encumbering the same constitutes a
defect incapable of correction, which prevents the admission of the instru
ment to record in the registry of property.

COMPLIANCE WITH JUDGMENT. See HABEAS CORPUS, 28.

COMPLICITY OF PURCHASER. See APPEAL, 14.

COMPULSORY PROCEEDINGS. See ATTORNEY'S FEES, 1.

CONJUGAL PARTNERSHIP.

1. SEPARATE PROPERTY OF THE WIFE-OBLIGATIONS OF THE CONJUGAL PARTNER-
SHIP. The provisions of section 248 of the Code of Civil Procedure cannot
affect the right of a party acquired by virtue of a judgment of execution de
livered prior to the date on which the said Code took effect, and by which
an attachment on the rents and profits of the wife's separate property as
profits of the conjugal partnership was declared valid and in force to
answer for obligations contracted by the conjugal partnership. Font v.
Andreu et al., 211

2. ID. JUDGMENT RES JUDICATA. The provisions of a law can in no way affect
the decision contained in a judgment delivered prior to the date on which the
law took effect without violating the principle of the doctrine of res
judicata.