Gauzon v. Compañia General De Tabacos De Filipinas

Citations

• 245 U.S. 86
• 38 S. Ct. 46
• 62 L. Ed. 165
• 1917 U.S. LEXIS 1789

Syllabus

<p>In a proceeding for the registration of land, begun in the Philippine Court of Land Registration and appealed to the Supreme Court of the Islands, where the former court decreed registration of a part of the land to a petitioner claiming all under a mortgage and foreclosure, but refused registration of the rest upon the ground that it .was not shown to have been included in the mortgage, and where the latter court, finding as a fact that all was so included, modified the judgment so as to decree that all should be registered: Held, that the last mentioned judgment was properly reviewable by writ of error, and, the case being before this court upon such writ, an ap- . peal which was also taken must be dismissed.</p> <p>Upon writ of error to a judgment of the Supreme Court of the Philippine Islands, in a case which was decided upon issues of fact, this court will not reconsider the conclusions of the court below which find support in the record.</p> <p>Section 4 of the Act of Septembér 6, 1916, c. 448, 39 Stat. 726, does, not abolish the distinction between writs of error and appeals, but only requires that the party seeking review shall have it in the1 appropriate way notwithstanding a mistake in his choice of proceeding.</p> <p>The court is not disposed to disturb the judgment of the Supreme Court of the Philippine Islands in this case denying the right of a mortgagor to redeem after foreclosure and sale, the rule announced by the court below being derived from a construction oí laws applicable in the Islands.</p>