Page:United States Reports, Volume 209.djvu/325

 OAHZOT . n, RIJBIO. 209 U. $. Opion of ths Court. extent of their operation upon the recorded title. Manifest also is it that the same reasoning is controlling as to the re- lief which the bill sought concerning the sale made by the mother to Burset of the property transferred to her by the agreement and held by others under or as a consequence of that sale. We say this lecanse it is apparent that to determine the validity of the sale or sales in the absence of the estate of the mother or her heirs would be in effect to pass upon the rights of the estate or heirs without a hearing. Demonstra- tive as are the foregoing considerations as to the want of power in the abeence-of the estate of the mother or her heirs to annul the agreement and the title which apparently flowed there- from, and to collaterally avoid the decrees of the Porto Rican courts concerning the same and to set aside as simulated and fraudulent the sales made in virtue of the title at least ap- parently vested by the agreement, they all become more con- trolling when the nature and character of the fights with which the agreement dealt are taken into view. Between the husband and wife, by virtue of the marriage, in the alence of a contract to the contrary, a legal community supervened. Porto ican Civil Code, Art. 1315. And although the code 'as not in force in 1866, when the marriage took place, the same rule, as we have already said, was then controlling under the more ancient Spanish law. Partidas, 5 L1.57, 59. See also the statement of the ancient Spanish law on the subject in Brua v. Bra, 9 Martin (La.), 217. The community thus aing by operation of law embraced all "the earnings or profits indiscrimin/tely obtained by either of the consorts during the marriage." Civil Code of Porto Rico, Article 1392. The community also embraced all "property acquired during the marriage by onerous title at the expense of the commun{ty property whether the acquisition is made for the community or for only one of the consorts." Article 1401. Besides it embraced in the joint ownersh/p many other things which it i unnecessary to enumerate and which are fully set out in the articles of the code foliowing thoes just cited. And the

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