Title
Bischoff vs. Pomar
Case
G.R. No. 4373
Decision Date
Feb 2, 1909
In the case of Bischoff v. Pomar, the court ruled that improvements and fixtures on a mortgaged property are included in the mortgage unless specifically excluded, and the sale of the property does not release it from the encumbrance of the mortgage.
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Case Digest (G.R. No. 4373)

Facts:

  • Samuel Bischoff filed a complaint against Compa ia de Tabacos.
  • Bischoff claimed ownership of a steam sugar mill, portable boiler, tramway, and fifteen small cars located at Hacienda San Jose.
  • Compa ia de Tabacos had obtained the appointment of a receiver for the property of Romana Ganzon, which included the aforementioned property.
  • Despite Bischoff's demands, the defendants refused to return the property to him.

Issue:

  • (Unlock)

Ruling:

  • The improvements on the mortgaged property are included in the mortgage.
  • The sale of the property does not rele...(Unlock)

Ratio:

  • According to the Civil Code and Mortgage Law, improvements on a mortgaged property are included in the mortgage unless there is an express stipulation excluding them.
  • In this case, the mortgage instrument did not exclude the machinery and tramway, and they were considered as included in the mortgage.
  • The court cited Article 110 and 111 of the Mortgage Law and Article 1877 of the Civil Code to support its ruling.
  • The rights of the mortgage creditor curtail...continue reading

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