Petitioner
Leonardo Lucido
Respondent
Gelasio Calupitan
Citation
G.R. No. 8200
Court
Supreme Court
Division
First Division
Ponente
Trent, J.
Decided
March 17, 1914

Summary

This case involved determining the legal nature of a property transaction following an execution sale. Lucido's property was sold at execution, then Calupitan acquired the execution purchaser's rights and entered into an agreement with Lucido allowing redemption after three years. The Supreme Court affirmed the lower court's finding that this constituted a sale with conventional redemption under Civil Code articles 1507 et seq., not merely an assignment of execution purchaser's rights. Key evidence included the redemption agreement, Calupitan's original pleading admitting the transaction's nature, and Lucido's financial contribution to the original redemption. The Court applied article 1510 to protect Lucido's redemption rights against subsequent purchaser Dorado, ordering property return upon deposit of the redemption price with the court clerk for proper distribution between Calupitan and Dorado.

Statutes applied

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By Intellegal Editorial Board · March 17, 1914

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