Case Digest (G.R. No. 1876)
Facts:
- The case involves the sale of "The Alhambra" property in Manila.
- Prior to October 21, 1898, Thomas E. Evans and Walter Jackson were the owners of the establishment.
- Evans attempted to secure a loan from Paul Blum and agreed to buy out Jackson's interest in the property.
- On October 21, 1898, Evans conveyed an undivided half of the property to Whaley for $1.
- On the same day, Evans and Whaley executed a bill of sale of the entire property to Paul Blum for 32,443.35 pesos.
- They also executed an agreement stating that the Alhambra had been mortgaged to Blum and that Evans and Whaley would be equal partners in the business.
- Blum advanced the full amount of the loan in cash.
- The business continued under this agreement until December 4, 1899, when Henry Blum notified Evans and Whaley that the amount due on the mortgage was 28,927.97 pesos.
- On January 4, 1900, Paul Blum took possession of the establishment and Whaley surrendered the property to him in satisfaction of the debt.
- On January 26, 1900, four documents were executed and delivered, including a deed of the entire property from Paul Blum to Whaley, a deed of an undivided half of the property from Whaley to Johnson, a mortgage by Whaley to Paul Blum, and a contract of partnership between Whaley and Johnson.
- Johnson paid 15,000 pesos to Whaley for the undivided half of the property, which was the money of Samuel J. Levy.
- Whaley and Johnson took possession of the property and continued to manage it until July 1901 when it was closed due to a law prohibiting the sale of liquor on the Escolta.
Issue:
- (Unlock)
Ruling:
- The court ruled in favor of the defendants, Paul Blum and Henry Blum, and affirmed the judgment of the Court of First Instance.
- The court held that Johnson acquired a valid interest in the property through his deed from Whaley.
- There was no evidence of fraud on the part of the Blums.
- The case...(Unlock)
Ratio:
- John...continue reading
Case Digest (G.R. No. 1876)
Facts:
The case of Levy v. Johnson revolves around the sale of "The Alhambra" property in Manila. Prior to October 21, 1898, Thomas E. Evans and Walter Jackson were the owners of "The Alhambra" establishment, which included a stock of goods, furniture, and fixtures, as well as a lease for the building. Evans sought a loan from Paul Blum, who agreed to provide the loan on the condition that Evans buy out Jackson's interest and convey half of the property to Whaley. Evans accepted these terms and conveyed half of the property to Whaley. On the same day, Evans and Whaley executed a bill of sale of the entire property to Paul Blum. The business continued under an agreement between Evans, Whaley, and Paul Blum. However, on December 4, 1899, Paul Blum notified Evans and Whaley of the amount due on the mortgage and threatened to collect it if not paid by the following year. Evans took no action, and on January 4, 1900, Paul Blum took possession of the establishment. On January 26, 1900, four documents were executed, including a deed of the property from Paul Blum to Whaley, a deed of an undivided half of the property from Whaley to Johnson, a mortgage from Whaley to Paul Blum, and a contract of partnership between Whaley and Johnson. Johnson paid Whaley 15,000 pesos for the undivided half of the property, which was the money of Samuel J...