Mahlon Pitney

“ The effect of a judgment or final order in an action or special proceeding before a court or judge of Porto Rico . . . having jurisdiction to pronounce the judgment or order, is as follows: 1. In case of a judgment or order against a specific thing, or in respect to the probate of a will, or the administration of the estate of a decedent, or in respect to the personal, political, or legal condition or relation of a particular person, the judgment or order is conclusive upon the title to the thing, the will, or administration, or the condition or relation of the person ”

“ The chief reliance of appellant is upon certain questions of law, the first insistence being that the court erred in denying the force and effect of res judicata to a decision rendered by the district court of San Juan May 31, 1907, in a former action between the present parties. It appears that defendants, as heirs of Paula Chaves, instituted a proceeding in the municipal court of San Juan for the purpose of converting the entry of possession of the 50 cuerdas, previously made in her favor, into a dominion title; that plaintiff opposed the conversion ”

“ No express repeal of article 395 of the mortgage law being found, and the question being one of implied repeal, the court deemed it manifest that the legislative assembly, in adopting the Code of Civil Procedure and the law of evidence, did so with full knowledge of article 413 of the mortgage law, and therefore intended no implied repeal. ”