Case Digest (G.R. No. 41284)
Facts:
Levy Hermanos, Inc. v. Ildefonso Ramirez and Jose Casimiro, G.R. No. 41284, November 28, 1934, Supreme Court, Goddard, J., writing for the Court.The plaintiff-appellant Levy Hermanos, Inc. sold a Packard automobile on installments to Gregorio Olegario about March 2, 1927. The unpaid balance was secured by a chattel mortgage, duly registered in the Register of Deeds of the City of Manila under Act No. 1508. Subsequently, defendant-appellee Ildefonso Ramirez obtained a money judgment against Olegario (and one Catalina Ramirez) in Municipal Court case No. 93156, and procured a writ of execution which was placed in the hands of defendant-appellee Jose Casimiro, sheriff ex officio of the City of Manila, with instructions to levy on the mortgaged Packard.
The sheriff seized the automobile, advertised it for sale, and the plaintiff, which alleged a remaining balance of roughly P1,000 due it, filed an under-oath third-party claim with the sheriff. Ramirez filed an indemnity bond, and the automobile was sold at public auction on April 22, 1933; proceeds were turned over to Ramirez. Thereafter Levy Hermanos sued the defendants seeking monetary recovery (stated amounts in the complaint) alleging wrongful sale and loss of its interest.
The defendants demurred to the complaint on grounds of failure to state a cause of action and defect of parties. The Court of First Instance of Manila sustained the demurrer (granting the plaintiff leave to amend), later denied reconsideration, and upon plaintiff’s request for decision on the pleadings rendered judgment dismissing ...(Subscriber-Only)
Issues:
- Did the trial court err in sustaining the demurrer and dismissing the complaint for failure to state a cause of action?
- Is the mortgagor’s interest in a mortgaged chattel subject to execution, and, if so, what interest does a purchaser at ex...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)