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Raymundo And San Juan Vs. Afable Et Al 096 Phil 655

BALTAzAR RAYMUNDO and AGAPITA SAN JUAN, plaintiffs-appellants, vs. FELISA A. AFABLE and The estate of BRAULIO SANTOS, defendants-appellees.

G.R. No. L-7651 | 1955-02-28

D E C I S I O N


BENGZON, J.:

The case. This is an appeal from an order of the Court of First Instance of Rizal dismissing the plaintiffs' complaint on the ground of prescription.

The order having been issued upon a motion to dismiss, the relevant facts are those alleged in the complaint, to wit:

The facts. 1. The plaintiffs were, in August 1931, the registered owners of a parcel of land, (with building) in Pasig, Rizal (Certificates of Title No. 3199) which was mortgaged to Macondray & Company in the sum of P3,000;

2. In said month they agreed with defendant Felisa A. Afable that the latter would repay the loan to Macondray & Company...