Joseph Rucker Lamar

“ In 1885, Jose Avalo Sanchez mortgaged to Dona Maria Diaz y Siaca a sugar plantation in Porto Rico, known as Bello Sitio, described as containing 400 cuerdas, and bounded on the north, south, east, and west by the colindantes, or adjoining landowners, whose names were given. Suit to foreclose was instituted in 1889, and at the end of three years the mortgagee obtained a decree which, however, instead of ending the controversy, was the beginning of litigation in the Spanish courts which is said to have been the most protracted and bitter in the history of the island of Porto Rico. ”

“ The plaintiff's testimony established that he was in possession of Bello Sitio as owner, and of Sauri as lessee, when he made the mortgage on May 28, 1885. Three weeks later, he purchased Sauri and established a title on which he was entitled to recover, unless it, and the other three lots sued for, were included in the mortgage which described the property by name (Bello Sitio) , by quantity (400 cuerdas) and by colindancias or adjoiners, on the north, east, south, and west.
A tract may be so well known by name that it can be described and conveyed without other designation. ”

“ The rule prohibiting written contracts from being varied by parol is not confined to the common law, but was of force in Porto Rico when this mortgage was made, and its enforcement in construing the descriptive clause according to accepted rules governing boundaries preserves the rights of the parties here. Sanchez was in possession of Sauri, as lessee, when the mortgage was made. ”