Catalina S. Wells, Individually, and as Attorney in Fact for Everett Roy Wells v. Francisco S. Lizama

This is an appeal from a judgment of dismissal as to all defendants in an action to declare three deeds, absolute on their face, to be mortgages.

The court found that plaintiff’s husband in 1964 was the owner of record of two lots located in Asan, Guam, improved with two two-room apartments, wherein plaintiff, her husband and her eight children lived. The property was mortgaged to the Bank of America for $5,800. Plaintiff’s husband originally met the payments due to the Bank of America, but then ceased making them. Plaintiff borrowed from one Vicente Cruz $537.27 to bring the overdue mortgage payments current, but plaintiff subsequently defaulted on such payments. Next plaintiff borrowed $1,000 from defendant Lizama in December 1964, at which time plaintiff executed a quitclaim deed of the property to Lizama, though title was still in her husband. The Bank of America mortgage was paid off, though the mortgage was not released of record. In January 1965, Mrs. Wells, as attorney in fact for her husband, executed a deed to Lizama.

Guam adopted in 1933 the Land Title Registration Act — section 1157 of the Guana Civil Code. In accordance with that Act, the grantee Lizama caused his…