Oliver Wendell Holmes, Jr.

“ The petitioners attempt to fortify their case by the absence of an order calling upon the rest of the world to come in and assert whatever claim anyone may have to the fund in the registry of the Court. The purpose of the suit was to remove Patterson's claim to the land. He alone was made a party. It does not concern the petitioners after their failure to establish either possession or title, whether some third person has a better title than Patterson or what precautions the Court shall take before giving him the fund that has taken the place of the land. ”

“ The petitioners contend that the effect of this article is that the mere recording of what purports to be a conveyance by a stranger to the title who is and remains out of possession, will give to the grantee a good title by what is called the ordinary prescription of ten years, article 2529, notwithstanding the requirement of regular uninterrupted possession for that result in article 2528. ”

“ But the considerations that have been urged for following local decisions in places like Porto Rico having their own peculiar system, do not apply in the same degree to a code that in its present application governs a predominantly American population and derives its force from Congress and the President. Panama R. R. Co. v. Bosse, 249 U.S. 41, 39 Sup. Ct. 211, 63 L. Ed. 466. The opinion of the Circuit Court of Appeals on the first appeal was not res judicata or conclusive here, as the defendant seems to suppose, Remington v. ”