Page:United States Reports, Volume 209.djvu/318

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OCTOBEI? TERM? 1907. O?ion of the Cou?t. 2?U.& thorized by section 395 of the mort4pq? law is that of third persons cited for the proceeding and introduction of e? and in no manner can such oppo?tion be made by any of the parties soliciting the said dominio; and "Whereas, Dona Manuel Rio?, I mean Dona ?ari? Riss, widow of Rubio, is one of the solicitors of the said proceeding, she has signed the compromise which is the ? for instituting the said proceeding, she has agreed upon the adjudication to each of the interested parties according to the terms of the compromise (clauses 3 and 4) she hac accepted as her own the corroborative evidence of the very facts of the compromise and she r?nnt exercise legally against her own acts such actions as could be exercised by strange persons to the institution of dominio proceedings; and "Whereas, it is left to the court to consider the weight of the evidence introduced and the allegations made appro .ring or disapproving the elalmA made and realring the declarations that the dominio has been justified; and "Whereas, the court arts2' a consideration of the true value and extent of the' evidence introduced it is of the opinion that a writ of approval of this proeeedlng should issue." The daughter Maria proeccuted an appeal to the Supreme Court of Porto Rico, sitting as a court of cassation. We do not refer to m?,y matters disensued at bar concern- ing the relations between the mother and her daughter Mari? which took place pending the appeal, because tho?e subjects are not referred to in the findings. In April, 1902, while the appeal was pending, the mother M?nuela sold the pmporfie? which had been transferred to her by virtue of the agreement, and h?d been recorded in her name as full owner, to Victor Burset, who had married one of her daughters by the seeond marriage. Burset in turn sold the properties to Palmer, and mortgages w/?rc put upon them. Palmer sold some of the property to Garzot and Fuertes, and a portion of the land was sold by him to Petronila, the sister of Maria. In June, 1902, Mrs. Manuela (]l/tman died, and in the same month of the