Oxford Properties & Finance Ltd. v. Minor M. Engle, Deceased, Represented by Milton E. Franke, Administrator, and Engle's Appliance Parts, Inc.

Appellant Oxford Properties & Finance Ltd. (“Oxford”), appeals the judgment of the Appellate Division of the United States District Court for the Territory of Guam in favor of appellees Minor M. Engle, deceased, represented by Milton E. Frank, administrator, and Engle’s Appliance Parts, Inc. (collectively referred to as “Engle”), in Oxford’s action for unlawful detainer. We have jurisdiction pursuant to 48 U.S.C. § 1424-3 (c) (1988), and affirm.

FACTS

On November 30, 1966, Santiago Castro and George Frazer entered into a lease of real property located in Dededo, Guam, which allowed Frazer to sublet the property to third parties. Subsequently, Frazer entered into a sublease agreement with Engle, the commencement date of which is at issue in this dispute. The lease provided that the sublease was to commence on November 1, 1967, and also stated that the sublease agreement was entered into “this 1st day of November, 1967.” The “1st” was entered by hand in the typed document. However, the notarization form at the bottom of the document states:

The date “22 day of December, 1969” is written by hand over the words “ — day of November, 1967” and initialed by the notary. The recordation…