Case Digest (G.R. No. 6367)
Facts:
- Aldecoa & Co., a company in liquidation, obtained a judgment against Pascual Veloso.
- An execution was issued and the property of Veloso was levied upon and sold at public auction to Aldecoa & Co.
- The property was delivered to Aldecoa & Co. at the time of the sale.
- After about two months, the sheriff or his deputy attempted to retake a portion of the property from Aldecoa & Co.'s possession for the purpose of reselling it.
- Aldecoa & Co. protested against the retaking of possession by the sheriff.
Issue:
- (Unlock)
Ruling:
- When personal property is sold under an execution, the purchaser becomes the absolute owner of the property at the time of the sale and delivery.
- The purchaser of real property under an execution acquires all the rights and interests of the judgment debtor, subject to redemption.
- The court did not decide on whether the pur...(Unlock)
Ratio:
- The court based its decision on the provisions of the law regarding judicial sales.
- When personal property is sold under an execution, the purchaser acquires all the rights that the debtor had in the property at the time of the execution or attachment.
- The purchaser becomes the absolute owner of the personal property at the time of the sale and delivery.
- The purch...continue reading
Case Digest (G.R. No. 6367)
Facts:
The case of Aldecoa & Co. v. Navarro involves a dispute between the petitioner, Aldecoa & Co., and the respondent, Pastor Navarro, who is the sheriff of the Province of Leyte. The petitioner sought to prevent the respondent from taking possession of certain real and personal property that had been sold under an execution by the respondent to the petitioner. The petitioner argued that the respondent's attempt to retake possession of the property for the purpose of reselling it was unauthorized and unjustified.
The facts of the case are as follows: Prior to January 12, 1910, there was a pending action in the Court of First Instance of Manila between Aldecoa & Co. in liquidation and Pascual Veloso. A judgment was rendered in favor of Aldecoa & Co. for the amount of P10,234.81. An execution was issued on January 12, 1910, and given to the sheriff of Leyte to levy upon the property of Veloso. The sheriff duly levied upon certain property of Veloso and sold it at public auction. The property was delivered to Aldecoa & Co. at the time of the sale. However, about tw...