Antonio M.A Barretto v. Tomas · G.R. 10318

Petitioner: Antonio M.A Barretto
Respondent: Tomas Cabreza
Citation: G.R. No. 10318
Court: Supreme Court
Division: First Division
Ponente: Torres, J.
Decided: January 3, 1916

Summary

Property ownership dispute involving land purchased at judicial auction. Barretto obtained judgment against Limjuco, had her land attached and purchased it at sheriff's sale for P677.67. Defendants claimed prior ownership through January 1910 purchase from same debtor for P3,700. Supreme Court found defendants' notarial deed defective due to notary being vendor's relative, violating Notarial Law. Even if valid, private instrument couldn't affect third parties until presented in evidence. Evidence established Limjuco owned land at attachment time - she remained registered owner and made no disclosure of prior sale. Court concluded alleged sale was either post-execution or simulated to prevent execution. Judgment reversed, declaring Barretto exclusive owner with defendants ordered to deliver possession.

Statutes applied

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By Intellegal Editorial Board · January 3, 1916

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