Harlan F. Stone

“ Construing and applying the relevant provisions of Art. 152 of the Puerto Rico mortgage law and §§ 1418 and 1759 of the Civil Code of Puerto Rico, 1931 edition, [1] it concluded that the transfer by petitioner of the mortgage credits to the heirs of Jose Tous Soto without reservation of the option to purchase, 'conveyed' to the heirs, petitioner's rights under the option as an inseparable incident of the credits so that after the transfer petitioner was not entitled to exercise the option. ”

“ Petitioner, an agricultural partnership, by petition in the insular District Court of Ponce, P.R., sought rescission of a sale of a plantation known as 'Indios', made by respondent Commins to others of the respondents, as in violation and in fraud of an option to purchase the property given by respondent Commins to petitioner. After a trial, the District Court made findings of fact on the basis of which it gave judgment for respondents. The Supreme Court of Puerto Rico confirmed the findings of the District Court and affirmed the judgment. ”

“ Commins receiving the plantation 'Indios' by the partition deed in which petitioner joined for the purpose of consenting to the partition. The trial court made findings which can be interpreted as meaning that all the respondents were in fact aware that it was the understanding of petitioner and the transferees of the mortgage creditors that the option was to remain the property of petitioner. ”