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Osorio vs. Mcgrath 96 Phil 411

SOLEDAD OSORIO DE FERNANDEZ and VICENTE T. FERNANDEZ, plaintiffs-appellees, vs. HON. J. HOWARD MCGRATH as successor of the U. S. Philippine Alien Property Administrator, defendant-appellant; REPUBLIC OF THE PHILIPPINES, intervenor-appellant.

G.R. No. L-4436 | 1955-01-28

D E C I S I O N

REYES, J.B.L., J.:

Plaintiffs Soledad Osorio de Fernandez and Vicente Fernandez filed this action in the Court of First Instance of Rizal (Civil Case No. 4), for the annulment of a deed of sale of a parcel of land located in Navotas, Rizal, together with the improvements thereon, executed by plaintiff Soledad Osorio de Fernandez in favor of the Osaka Boeki Kaisha, Inc., Japanese corporation, on December 29, 1942, on the ground of duress and intimidation.

After her claim to the property had been filed with and disallowed by the Alien Property Custodian, as required by the Trading with the Enemy Act, the case was heard in the...