Mahlon Pitney

“ People, 10 P. R. R. 458; Calderon v. Garcia, 14 P. R. R. 407, 416. And even with respect to a party who appears and opposes the entry of a possessory title or its conversion into a dominio title, his rights cannot be adjudged or passed upon in these proceedings, but must be decided in an ordinary action of revindication; the court being limited, in the proceedings under the mortgage law for a conversion of a possessory to a dominio title, to saying whether petitioner has shown a right to the conversion asked for; but without passing upon the rights of others. ”

“ The judicial order of General Henry, dated April 4th, and published April 7th, 1899 (Mil. Ord. Porto Rico, vol. 2, p. 71) , contains seven clauses or paragraphs, of which the first amends article 1957 of the Civil Code so as to reduce the period for prescription by possession accompanied with good faith and a proper title, from ten years with respect to persons present, and twenty years with respect to persons absent, down to six years as to persons both present and absent. ”

“ Upon the application of Morales, such proceedings were had in the insular court as were provided for in the judicial order, and the court in due time made and entered its decree to the effect that the entry of possession, or possessory title, which appeared in the registry recorded in favor of Morales, be converted into a record of ownership, or dominio title. ”

“ The district court decreed that the complainants were the legal owners of this land by inheritance, and entitled to the possession of it as against the appellants, a firm doing business under the name of J. Ochoa y Hermano; that the firm should deliver possession to the appellees; that all entries in the registry of property, of dominio and posesorio title by or in favor of that firm, and all other entries of either kind of title as against the appellees, should be canceled, etc. 5 Porto Rico Fed. ”

“ But appellants rest their case upon the provisions of the mortgage law as amended by the judicial order of General Henry. The mortgage law is a somewhat elaborate system of registration for instruments of conveyance, that, having been long in force in the Peninsula, was extended to Porto Rico and the Philippines in or about the year 1893. ”

“ It was designed to give to purchasers and mortgagees acquiring interests in lands in reliance upon recorded titles, protection against claims and interests of which no notice was conveyed by the records. Its provisions are to be read in connection with those of the Civil Code. By article 27 'those who have not participated in the recorded instrument or contract' are considered as third persons. ”

“ Paris v. People, 5 P. R. R. 29; Diaz v. Waymouth, 13 P. R. R. 317.
This is conceded by the appellants, who, indeed, base their argument upon it; contending, further, that, because of what has just been said, the rights of appellees in the land in question were not affected by the proceedings whereby Morales converted his possessory title into a title of ownership, and that the recording of this dominio title by him did not cut off any of their rights ”