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GAUZON V. COMPANIA GENERAL DE TABACOS DE FILIPINAS, 245 U. S. 86 (1917)

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U.S. Supreme Court

Gauzon v. Compania General de Tabacos de Filipinas, 245 U.S. 86 (1917)

Gauzon v. Compania General de Tabacos de Filipinas

No. 437

Motion to dismiss or affirm submitted October 15, 1917

Decided November 5, 1917

245 U.S. 86

Syllabus

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 appeal which was also taken must be dismissed.

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 chanroblesvirtualawlibrary

Page 245 U. S. 87

Court will not reconsider the conclusions of the court below which find support in the record.

Section 4 of the Act of September 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 the appropriate way notwithstanding a mistake in his choice of proceeding.

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 of laws applicable in the Islands.

Affirmed.

The case is stated in the opinion.





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