Longpré v. Diaz

Citations

• 237 U.S. 512
• 35 S. Ct. 731
• 59 L. Ed. 1080
• 1915 U.S. LEXIS 1361

Syllabus

<p>Under the law of Porto Rico as it was in 1892 a widow and guardian ad litem, had no authority to give the property of the minor child, in payment of a debt of the deceased father in private sale, and there was no authority in any judge to approve such a voluntary partition as was involved in this action.</p> <p>A disposition of a minor’s property by private sale in Porto Rico, unauthorized by the local law, even if approved by a judge, is void, and the minor, on coming of age, may sue in ejectment under the provisions of the Civil Code of Porto Rico, then in force and applicable in this case, without first seeking rescission of the partition.</p> <p>An unsuccessful defendant in ejectment must, unless a purchaser in good faith, account for the fruits gathered during possession.</p> <p>While under the Civil Code of Porto Rico good faith is presumed until bad faith is shown, one who purchases property belonging to a minor under a confessedly non-existent and void instrument cannot be a purchaser in good faith.</p> <p>The rule that the burden of proof to show bad faith is on him who, charges it, does not apply where bad faith is shown ipso facto by the acquisition being contrary to law.</p> <p>Under Art. 442, of the. Civil Code of Porto Rico, an heir who possessed property in personal good faith is relieved from liability to account after ejectment, for the fruits during his possession, notwithstanding his ancestor from whom,he derived the property may not have acquired it in good faith.</p>