disposition of the first two questions raised, that is to say, the nullity and rescission; but as it has been seen that these points are not well taken, the former must fall with the latter. For the reasons stated and on the grounds set forth in the judgment rendered by the Ponce court on December 2, 1903, we affirm the said judgment with the costs against the plaintiffs. Affirmed. Chief Justice Quiñones and Justices Hernández, MacLeary and Wolf concurred. ECHEVARRÍA ET AL V. ALERS ET AL. APPEAL from the District Court of Mayagüez. No. 11. Decided February 25, 1905. PARTITION OF INHERITANCE-CREditors-ReSciSSION. The provisions of section 1000 of the Civil Code are applicable only to those cases in which the heirs have accepted the inheritance under the benefit of inventory. ID. PRETERITION OF CREDITOR.-The provisions of section 1047 of the Civil Code are not applicable to cases in which a creditor of one or more of the heirs may have been excluded. ID.-PARTITION MADE IN FRAUD OF CREDITORS.-A partition of inheritance made in fraud of creditors may be rescinded when it appears that such creditors have no other means of recovering the amount due them, and that the debtor or heir has no property other than that which has been awarded to him by virtue of such partition. The facts are stated in the opinion. Messrs. Arnaldo and García Cuervo, for appellants. MR. JUSTICE MACLEARY delivered the opinion of the court. Félix Echevarría held against Isabel Alers Beauchamps, and Segundo Esteves Alers, a mortgage for 5,321.43 pesos, upon the partition of the undivided Estate of Venancio Este Dee. Vol. 8-6. ves y Serrano, which belonged to them as widow and heir of the said estate. This amount was payable in annual instalments beginning on the 1st of March, 1895, and ending on the 1st of March, 1899. The heirs and immediate creditors of the Estate of Venancio Esteves, on the 4th of March, 1901, drew up before a notary public a writing of partition in which they distributed among themselves the whole of the estate, without notice to Echevarría or his participation in the same. After the death of Félix Echevarría y Contí, and the partition of his estate, Mrs. Felícita Maissonave de la Rosa became the owner of the mortgage herein mentioned, and assigned the same to José Echevarría, Mrs. Ignacia Echevarría and Mrs. Herminia Echevarría y Maissonave, said transfer being duly registered in the Registry of Property of Aguadilla. The plaintiffs not being satisfied with the partition of the estate, brought this suit to rescind the same and set it aside, alleging that the most worthless portion of the property inherited from Venancio Esteves had been fraudulently adjudicated to the widow, Doña Isabel, and the heir, Don Segundo, giving the same a fictitious value of 10,915.20 pesos provincial money, equivalent to $6,599.12 in American gold, while the true value thereof amounted to only $3,204 and that thus they had been defrauded of more than one-half of the portion rightfully belonging to them, and that they were not able in any manner to collect the amount of their credit. The suit was prosecuted in the regular order, and after the taking of testimony and all other necessary proceedings, on the 24th of December, 1903, the District Court of Mayagüez rendered the following judgment: "In the city of Mayagüez on the twenty-fourth of December, nineteen hundred and three. Having had the oral hearing in this civil suit, prosecuted between parties on the one side as plaintiff first by Mrs. Felícita Maissonave y de la Rosa, property owner and resident of Aguadilla; continued later by Mrs. Herminia, Mrs. Ignacia and Mr. José Echevarría y Maissonave, property owners, residents of the same city of Aguadilla, as assignees of Mrs. Felícita Maissonave, represented by the attorney José de Diego, and on the other side, as defendants, Mrs. Isabel Alers, in her own right, and representing her infant daughter, Rafaela Esteves y Alers, Mr. Segundo, Mrs. Monserrate and Mrs. Mercedes, of the surnames last mentioned, property owners, residents of San Sebastián, defended by the attorney Alfredo Arnaldo, Esq., and against the dissolved commercial company Plaja & Bravo, Víctor Martínez y Martínez, residents of this city, Mrs. María Santoni de Aramburu, resident of Añasco, Merced Ortiz, Juan López y Nieves, and as the representative of the extinguished Company of L. Orfila & Co., Lorenzo Orfila y Hernández, resident of San Sebastián in default in this proceeding for rescission of partitions. "Finding: That by deed No. 125 authenticated by the former notary public of San Sebastián, Víctor Martínez, Esq., on the 30th of April, 1894, Mrs. Isabel Alers y Beauchamp and Segundo Esteves Alers, acknowledged their indebtedness to Félix Echevarría y Conti, resident of Aguadilla, in the sum of $5,321.43 of the money then in circulation, of which amount the executrix of Venancio Esteves y Serrano was debtor, and which debt was assumed by the mother and son, giving a promissory note for the same, binding themselves to pay the said amount with interest at the rate of 1 per cent. per month for one year, the said interest amounting to 638 pesos and 57 cents, making a total debit of 5,960 pesos, which they agreed to liquidate by annual payments of one-fifth of the amount, the first amounting to 1,192 pesos, beginning on the first of March, 1895, and the subsequent payments to be made on the same day and month of 1896 to 1899, the said amounts drawing interest at the rate agreed upon of 1 per cent per month, which should be paid on the expiration of the respective annual periods, on the total indebtedness pending at the time of payment, the said amounts being placed in the residence of the creditor, Mr. Echevarría, in good gold money or silver of legal circulation, and as a guarantee of the said debt and interest on the same, besides 2,000 pesos fixed to cover expenses and costs of collection if the same should be necessary to be made judicially, Mrs. Isabel Alers and her son Segundo Esteves gave a mortgage on the undivided portion of the real estate which they inherited at the death of their father, Venancio Esteves Serrano, at the same time mortgaging the tract of land of which she (Doña Isabel) was the sole owner, and distributing the encumbrance in the following manner: 386.70 cuerdas, which forms a part of the estate called 'Monserrate,' belonging to the inheritance left by Venancio Esteves y Serrano, together with the buildings on the same, to serve as a guarantee for 5,960 pesos of the debt, and interest to the first of March, 1895, and interest from this date forward; another tract of 80 cuerdas of the same inherited credit as a guarantee for 1,500 pesos, a part of the amount fixed for costs; 45.50 cuerdas, private property of Mrs. Isabel Alers as a guarantee for the remaining $50 fixed to cover costs, which instrument is registered in the Registry of Property of Aguadilla under date of February 3, 1895. "Finding: That on the death of Félix Echavarría y Conti, a distribution of the property was proceeded to, adjudicating to Mrs. Felícita Maissonave y de la Rosa the mortgage obligation constituted by Mrs. Isabel Alers y Beauchamps and her son Mr. Segundo Esteves y Alers, according to instruments contained in the protocol and authenticated by Notary Public Juan Mercader y Rodríguez of Aguadilla. "Finding: That after the commencement of this suit, on the 12th of January of the present year, before the said notary public Mercader, Mrs. Felícita Maissonave y de la Rosa assigned to José, Mrs. Ignacia and Mrs. Herminia Echevarría y Maissonave, the aforementioned credit, the same being registered in the Registry of Property of Aguadilla on the twenty-fourth of March of the current year. "Finding: That on the 4th of March, 1901, the notary public of this city, Mr. Alfredo Arnaldo y Sevilla, by instrument No. 89, proceeded to place in the protocol the divisory transactions of the property left by Mr. Venancio Esteves y Serrano, taking an inventory, as appears from the said partition, of the property remaining at the death of the said Venancio Esteves y Serrano, among which appears the Monserrate estate, situated in ward of Culebrinas, in Sonador, of the municipality of San Sebastián, composed of two parts, one containing 468.618 cuerdas, with the boundaries established, the buildings described, a dwelling house of two stories, and two others, with the debts specified, placing value of the said properties as appears from the division, adjudicating to the creditors property for the payment of their respective credits, to Mrs. Isabel Alers y Beauchamps 9,096 pesos for her share of the property acquired during marriage, and for the inheritance of her son Ventura Esteves, 1,819 pesos and 20 cents, all provincial money; and to Segundo y Alers, 1,019 pesos and 20 cents, of the same money; giving to the widow as her half of the property acquired during marriage, 106.89 cuerdas of land taken from the second part described of the hacienda 'Monserrate,' with the boundaries expressed, and which was assessed at the same price as the credit belonging to her, adjudging another 38 cuerdas for the payment of the inheritance of Ventura Esteves, and to Segundo Esteves y Alers a house was given in payment, the said house being assessed at $150, provincial money, and 30.96 cuerdas which were also taken from the hacienda 'Monserrate,' and which were assessed at 1,669 pesos and 20 cents; neither the name of Mrs. Felícita Maissonave nor her father being mentioned in the division. "Finding: That on the grounds above set forth, Mrs. Felícita Maissonave y de la Rosa, further stating that Don Venancio Esteves y Serrano died having made a will in which he included as heirs Mrs. Monserrate, Mrs. Mercedes, Mrs. Rafaela, Mr. Segundo and Mr. Ventura Esteves y Alers, the legitimate children of the deceased in his marriage with Mrs. Isabel Alers y Beauchamps, the widow and her son Mr. Segundo Esteves, acknowledged the debt of $5,311.43, which their father, Mr. Venancio Esteves, contracted with Mr. Félix Echavarría, as has already been said, and the terms designated in the instrument having expired, Mrs. Felícita Maissonave commenced summary proceedings for the collection of the mortgage credit, which proceeding had to be suspended after the abandonment of the public sale, on account of it being known that Mrs. Isabel Alers and her son Mr. Segundo conspired with the other heirs of Venancio Esteves y Serrano, without advising, and without the least intervention of Mrs. Felícita, in whose favor the first two had mortgaged their undivided interest of the property acquired during the marriage, and by inheritance respectively, they effected the division of the property left on the death of Mr. Esteves y Serrano, adjudicating to the widow Alers y Beauchamps, and to the heir Mr. Segundo Esteves, the most worthless part of the property, placing upon the same a fictitious valuation, which in reality is not half of what legitimately belongs to the widow and the above-mentioned heir, nor half even of the amount of the debt owed by the deceased, which Mrs. Alers and Mrs. Esteves acknowledged and assumed as theirs, under a mortgage guarantee of their respective shares in the said property; adding that to the widow Mrs. Isabel, in payment of 9,096 pesos, provincial money, to which sum, in accordance with the will, her share of the property acquired during the marriage, amounts, the following adjudication was made: 117 cuerdas of land taken from the hacienda Monserrate,' and to the heir Segundo Esteves a house and 30 cuerdas of land, and to the remaining heirs property was adjudicated at the expense of the two above mentioned, which maliciously, and fraudulently to Mrs. Felícita Maissonave, more than covered the schedule; while Mrs. Isabel |