Facts:

• Aquilino Calvo, Sheriff of Pangasinan, is the plaintiff and appellee.
• Co Cang & Co. and other defendants are the appellants.
• The case was decided on October 8, 1917.
• The dispute involves proceeds from a sale under executions against Lim Kian and Lim Tiang Teng's property.
• The property was sold to Simon Jangaon, representing Co Cang & Co., for P685, with costs of P207.05.
• This left a balance of P477.95, contested by various defendants claiming entitlement.
• Co Cang & Co. had a judgment against Lim Kian and Lim Tiang Teng for P878.08 for goods sold.
• Other defendants claimed preference based on prior judgments against Lim Kian and Lim Tiang Teng, citing Article 1924 of the Civil Code.
• The lower court ruled in favor of defendants So Yengco, Jose S. Yok Peng, and Doroteo Soratos, ordering proceeds to be divided without considering costs.
• Co Cang & Co. appealed, arguing the court erred in determining preference based solely on judgment dates.

Issue:

• (Unlock)

Ruling:

• The Supreme Court ruled in favor of Co Cang & Co., revoking the lower court's judgment.
• It ordered a judgment in favor of Co Cang...(Unlock)

Ratio:

• The Supreme Court's decision was based on the interpretation of the Civil Code, particularly Articles 1922 and 1924.
• The Court emphasized that the right of preference should not depend solely on the chronological order of judgments.
• Article 1922 states that credits for the sale of personal property in the debtor's possession a...continue reading