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Claro B. Lizardo Vs. Aquilino Herrera 098 Phil 603

CLARO B. LIzARDO, petitioner-appellant, vs. AQUILINO HERRERA, LUCIA L. HERRERA, and ADELAIDA ORETA DE UNSON, respondents-appellees.

G.R. No. L-6401 | 1956-03-14

D E C I S I O N


ENDENCIA, J.:

The decisive question involved in this case is whether the petitioner-appellant has right to secure the registration of the deed of mortgage (Annex A of the petition) executed in his favor by the respondent spouses Aquilino Herrera and Lucia L. Herrera on October 31, 1944, in the City of Baguio, over a parcel of land originally covered by Transfer Certificate of Title No. 2402, issued in their names.

Before the war, this land was mortgaged to the Agricultural and Industrial Bank by said spouses and upon their failure to pay their indebtedness to the Bank it was extrajudicially foreclosed under the...