Francis L. Sauget v. Jose C. Villagomez

Sauget appeals from a judgment of the District Court of Guam denying him recovery in his action for ejectment against Villagomez on the ground that the latter had failed to show a superior right to possession. Sauget contends that the trial court erred in finding that Villa-gomez had more than a revocable license to be on the land and in finding that Sauget was not protected against any such unregistered interest by the terms of the Guam registry statutes. All the testimony was heard by the judge of the court and Fed.Rules Civ.Proc. Rule 52 (a), 28 U.S.C.A. applies.

Sauget purchased the land in question from one Untalan, the registered owner, after examining the title registry records which showed Untalan as owner but without investigating the rights of appellee Villagomez who had a home on the land in which he had resided since 1937. Sauget paid Untalan $1,000 for his conveyance in 1954. The value of the land and Villagomez’ house was estimated at the trial as between $6,000 and $10,000. Sauget was a businessman of some experience. His deed from Un-talan stated that Villagomez had a “license” to be on the land. Villagomez testified that he had purchased the land from Untalan,…