Todd v. Romeu

Citations

• 217 U.S. 150
• 30 S. Ct. 474
• 54 L. Ed. 705
• 1910 U.S. LEXIS 1950

Syllabus

<p>In Porto Rico a cautionary notice .must be filed in accordance with the local law. in order to render an innocent third party liable to dis-membership of ownership by reason of purchase during pendency of a suit to set aside a simulated sale. Romeu v; Todd, 206 U. S. 358.</p> <p>The right to file a cautionary notice in Porto Rico under the existing mortgage law is not absolute in all eases; in certain classes of cases the right but depends on an express permissive order of the court, and one having knowledge of a suit to dismember title of his grantor in which such order is not a matter' of right and no such order is applied for or granted is nob bound because he had general knowledge of the pendency of the suit.</p> <p>Qucere, whether one buying property in Porto Rico with actual knowledge of pendency of a suit to dismember title for fraud in which the law gives an absolute right to a cautionary notice without the prerequisite of judicial permission would be liable’for the ultimate result of the suit even if no cautionary notice were registered.</p>