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Candida Sevilla, Et Al. Vs. Concordia De Los Angeles

CANDIDA SEVILLA, ET AL., plaintiffs-appellants, vs. CONCORDIA DE LOS ANGELES, defendant-appellee.

G.R. No. L-7745 | 1955-11-18

D E C I S I O N


BAUTISTA ANGELO, J.:

On August 21, 1951, plaintiffs instituted this action in the Court of First Instance of Camarines Sur seeking to recover a parcel of land containing an area of 41 hectares, 14 ares and 92 centares and the cancellation of Transfer Certificate of Title No. 577 which was allegedly procured by the defendant through fraudulent representation.

On December 21, 1951, defendant put in an answer setting up certain affirmative defenses. On August 20, 1952, defendant filed a motion to dismiss on the ground that the complaint states no cause of action and, if so, the same is already barred by prescription....