4. The remedy of one who claims as heir ab intestato of another, and asks
for the partition or sale of real estate, should be sought in the
Federal court on its equity side, where the correction of an entry
on the books of the registry of property is necessary. Sixto v.
Maldonado, 454.
5. In cases of fraud, the provisions of local laws cannot be used to defeat
or limit the equity powers of the Federal courts. Luce v. Mullen-
hoff & Korber, 56.
6. Fraud in the procuring of a possessory title is sufficient, of itself, to
confer jurisdiction upon a court of equity. Parés v. J. Reynes &
Co. 402.
7. Equity, having obtained jurisdiction for one purpose, will retain it
for all. Fuster v. Cuello, 183.
Parties are estopped from denying their former acts and declarations.
Parés v. J. Reynes & Co. 402.
The fact that a beneficiary accepted from an alleged trustee sums of
money purporting to be paid under the terms of the trust will not
estop it from alleging that such person is not in fact such trustee.
Asociación de Senoras v. Diana y Martinez, 369.
1. In a suit to set aside an alleged fraudulent conveyance, the burden 18
upon complainant to show his right to subject the particular prop-
erty to the payment of his debt, by a preponderance of the evidence,
and to show that in equity it belongs to his debtor. Quilichini v.
Agostini, 258.
2. The court will not presume that a landowner was cited in proceed-
ings for a possessory title when all the facts in the case rebut such
a presumption. Parés v. J. Reynes & Co. 402.
3. Failure of a party to produce proof in its control produces a presump-
tion against it. Id.
4. All presumptions will be taken against an alleged fraudulent grantor
and grantee if they fail to testify in a suit brought by a judgment
creditor of the grantor to set aside the conveyance. Quilichini v.
Agostini, 258.
5. Oral statements made before a written contract is executed cannot be
used to vary the terms of the latter. Ereño v. People of Porto
Rico, 290.
6. The circumstances connected with the giving of a receipt in full may
be proven to show a mistake, if one there was. Id.
7. Acts on the part of one claiming to be a trustee, not consistent with
the trust relation, but tending to defeat its purpose, may be shown
by the beneficiary in a proceeding to declare the trust terminated.
Asociación de Señoras v. Diana y Martinez, 369.
8. When the bill specifically waives an answer under oath, but the answer
is nevertheless sworn to, two witnesses, or one and corroborative evi-
dence, are not necessary to overcome the allegations of the latter.
Sixto v. Maldonado, 454.
To master's report, see APPEAL and Error.
Failure to satisfy judgment as contempt, see Contempt, 1, 2.
Right of maker of note cited in supplementary proceedings to file bill of
interpleader, see INTERPLEADER, 1.
1. Under the Porto Rican statute the plaintiff in judgment cannot take
the body of defendant in execution; nor can the bondsmen of de-
fendant be compelled to pay the judgment if the defendant does not
absent himself after judgment. Rivera v. Cadierno, 355.
2. The district court for the district of Porto Rico has power to stay
an execution for costs against parties who have not perfected an ap
peal, until an appeal can be heard and decided. Rios de Rubio v.
Burset, 189.
1. The executive council of Porto Rico cannot, by taking part in the en-
actment of a law, devest itself of the powers which have been con-
ferred on it exclusively. Arpin v. Porto Rico Power & L. Co. 314.
2. The executive council of Porto Rico, subject to approval by the governor,
has the exclusive power to grant franchises, and its acts in that par-
ticular are legislative in character. Id.
3. The grant to the executive council of Porto Rico by the organic act,
of the power to grant franchises, carries with it, as a necessary
incident, the power to confer upon the grantees of public-service
franchises the right of eminent domain. Id.
EXECUTORS AND ADMINISTRATORS.
Appointment of receiver pending determination of genuineness or validity
of will, see RECEIVERS, 1.
FELLOW SERVANTS.
See MASTER AND SERVANT, 7, 8.
Of vessel used in smuggling, see ADMIRALTY, 2.
Subject to congressional control, see CORPORATIONS, 2.
Grant of franchise by executive council, see EXECUTIVE COUNCIL, 3.
Relief against, in Federal court, see EQUITY, 5.
In foreclosure proceedings to detriment of second mortgagee,
GAGE, 4.
In procuring possessory title, see EQUITY, 6.
Fraudulent possessory title as cloud on title, see CLOUD ON TITLE, 2.
Acts of one obtaining possessory title by fraud as binding on subsequent
purchasers, see VENDOR AND PURCHASER, 3.
FRAUDULENT CONVEYANCES.
Burden of proof in suit to set aside, see EVIDENCE, 1.
Presumption against fraudulent grantor or grantee failing to testify, see
EVIDENCE, 4.
A conveyance made by a solvent grantor several years before the filing
of the bill to set it aside will be upheld, although it was made
without the payment of any consideration, and to a concubine of the
grantor. Quilichini v. Agostini, 258.
Liability of assignor of mortgagor as guarantor, see MoRtgage, 3.
To relieve from imprisonment for contempt, see CONTEMPT, 2.
Suit by minor employee for injury, see MASTER AND SERVANT, 9, 10.
Right of action by parent for injury to minor child, see PARENT AND
CHILD, 1.
Parent's right of action for death or injury of minor employee, see
PARENT AND CHILD, 2.
Enjoining nuisance, see EQUITY, 2.
Suit to enjoin action at law, see PLEADING, 10.
1. Under the anti-trust act only the government can file a bill to enjoin
acts under a contract in violation thereof. Peck Steamship Line
v. New York & P. R. S. S. Co. 109.
2. In an action brought by a lessee of lands sought to be taken by means
of forcible expropriation proceedings, instituted against the owner
of the lands and to which the lessee has not been made a party,
it is proper for the court to issue a restraining order to prevent the
taking of possession of such lands until compensation has been
made for the damages to be caused to the lessee by reason of such
taking, or until an action shall be instituted in the proper court
by the party claiming the right of expropriation, and to which
action such lessee shall be a party. Compagnie des Sucreries v.
Ponce & G. R. Co. 176.
3. The United States district court for Porto Rico has no jurisdiction to
enjoin judgments of the local courts in cases where the latter have
first, properly and legally, acquired jurisdiction of the subject-
matter and of the parties. Aguirre v. Sobrinos de Ezquiaga, 139.
4. The rights of one who, pending a creditor's bill describing specific real
property, accepts a conveyance of the premises from the defendant,
who has the apparent title, are subject to the result of the creditor's
suit; and, if the complainant obtains a decree, the purchaser
pendente lite cannot enjoin its execution. Romeu v. Todd, 9.
5. An injunction will not lie to restrain libelous and slanderous acts and
statements, since there is an adequate remedy at law. Puig y
Marquez v. Sagrera, 37.
6. Although the remedy by injunction does not lie in favor of a citizen
suffering mere inconvenience and incidental injury resulting to him
simply from the adoption of a plan or a system of sewers, yet, where
the acts complained of amount to an actual taking of his property,
or a direct invasion of his property rights without just compensa-
tion or due process of law, the remedy by injunction will lie. Wilson
v. Arecibo, 278.
7. It is well settled that in a proper case a court of equity will enjoin
a threatened strike, and that such injunction will issue in any case
where labor organizations shall deliberately, in advance, conspire
and combine to attack property of employers, by combining and
agreeing to call a general strike for the enforcement of unjust de-
mands, under conditions which must necessarily result in great loss
or injury to employers. Compagnies des Sucreries v. Iglesias, 16.
8. All persons in Porto Rico have a perfect right to affiliate with, organize,
or conduct labor unions, so long as the same are conducted in a
peaceful or proper manner, and in accordance with the laws of the
land; but a court of equity will interfere to prevent serious injury
to private rights or property whenever the same shall be seriously
threatened, whether it be in the name of a labor strike or any other
manner. Id.
9. Upon a verified complaint supported by proper proof, a temporary re-
straining order will issue to prevent the officers and members of a
labor union, and all persons acting under the authority or control
of such union or its officers, from in any wise interfering with the
peaceful operation of the business of an individual or corporation.
by means of threats, violence, or intimidation of any kind; also from
annoying or injuring any person, from entering into or continuing
in the employment of such employer, and also to prevent the congre
gation of striking laborers upon or in the immediate vicinity of the
employer's premises, in a violent, threatening, or hostile manner.
10. "Picketing," which has been defined as a malicious and aggressive
interference of strikers with the business of employers, is illegal.
and will be enjoined in a proper case.
11. A restraining order will be made permanent where a decree pro
confesso has been regularly entered and confirmed in open court,
and no showing has been made of a meritorious defense. Id.
Power of district court to enjoin judgments of, see INJUNCTION, 3.
Conclusiveness in district court of judgments of, see JUDGMent, 3.
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