Case Digest (G.R. No. 3545)
Facts:
On February 25, 1903, Agapito Geronimo sold a parcel of land, including a house, to Regino Ariston, the plaintiff in this case. Subsequently, in March 1903, Manuel Cea, the defendant, obtained a judgment against Geronimo in the Justice of the Peace Court of Tigaon, Ambos Camarines, for a monetary sum. Following this judgment, the justice of the peace issued an execution against Geronimo's property, which was executed by the sheriff of the province. The sheriff attached the property that had been sold to Ariston. After the attachment, Ariston notified the sheriff that he was the rightful owner of the property due to the deed executed on February 25, 1903. In response, the sheriff informed Cea of Ariston's claim. Cea then provided the required bond, allowing the sheriff to proceed with the sale of the property, which occurred on December 8, 1903, to Jose Maria Prado. As a result, Prado took possession of the property, and Ariston was dispossessed. On January 28, 1904, A...
Case Digest (G.R. No. 3545)
Facts:
- Sale of Property: On February 25, 1903, Agapito Geronimo sold and delivered a piece of land, including a house, to the plaintiff, Regino Ariston.
- Judgment Against Geronimo: In March 1903, Manuel Cea obtained a judgment against Agapito Geronimo for a sum of money in the justice of the peace court of Tigaon, Ambos Camarines.
- Execution and Attachment: The justice of the peace issued an execution against Geronimo's property, and the sheriff attached the property in question.
- Plaintiff's Claim: After the attachment, Regino Ariston informed the sheriff that he owned the property by virtue of the February 25, 1903, deed.
- Sheriff's Sale: Manuel Cea posted a bond, and the sheriff proceeded to sell the property to Jose Maria Prado on December 8, 1903. Ariston was dispossessed of the property.
- Lawsuit: On January 28, 1903, Ariston filed a lawsuit against Manuel Cea, the sheriff, Jose Maria Prado, and Agapito Geronimo to recover possession of the property and seek damages for rent and profits.
- Lower Court Decision: The lower court ruled in favor of Ariston, awarding him possession of the property and damages of 15 pesos per month from December 8, 1903, until the property was returned.
Issue:
- Whether the plaintiff, Regino Ariston, acquired ownership of the property through the unrecorded deed from Agapito Geronimo, despite the execution levied by Manuel Cea.
- Whether the lower court erred in awarding damages of 15 pesos per month as rent and 100 pesos as damages.
- Whether the lower court erred in denying the defendant's motion for a new trial.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)