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Juan T. David Vs. Lorenzo C. Garlitos, Et Al. 095 Phil 387

JUAN T. DAVID, petitioner, vs. THE HONORABLE JUDGE LORENZO C. GARLITOS of the Court of First Instance of Nueva Ecija, and the Testate Estate of Vicente Sotto, represented by its executor TAGAKOTTA SOTTO, respondents.

G.R. No. L-7142 | 1954-06-30

D E C I S I O N


MONTEMAYOR, J.:

This is a petition for certiorari with mandamus to compel the Judge of the Court of First Instance of Nueva Ecija to issue the corresponding writ of execution of the decision of said court in Civil Case No. 8726, dated December 5, 1941. The facts involved are as follows:

Kwong Ah Phoy & Co., Inc., a domestic corporation, on July 11, 1939, secured from the Bank of the Philippine Islands an overdraft accommodation for a sum not exceeding P25,000 with interest of 8 per cent per annum. To secure payment, a first mortgage was constituted on a land located in Cabanatuan, Nueva Ecija, covered by Transfer...