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Fedelity And Surety Co. Of The Phils. Vs. Court Of Appeals, Et Al.

FEDELITY AND SURETY COMPANY OF THE PHILIPPINES, petitioner, vs. THE COURT OF APPEALS and SIXTO A. CARLOS, respondents.

G.R. No. L-1508 | 1950-02-16

D E C I S I O N


PARAS, J.:

In a foreclosure proceeding instituted before the war by the Monte de Piedad y Caja de Ahorros vs. Angela Aguilar de Guzman and Fortunato A. Guzman, case No 57776 of the Court of First Instance of Manila, the herein respondent Sixto A. Carlos was the purchaser at public auction of the mortgaged property. The sale was confirmed by the Court of First Instance of Manila on December 4, 1941, subject only to the right of redemption of the herein petitioner, Fidelity and Surety Company of the Philippines, as holder of a second mortgage on said property. This reservation was made because the petitioner, as second...