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Miguel Caram, Et Al Vs. Hon. Court Of Appeals, Et Al 101 Phil 315

MIGUEL CARAM and FERMIN G. CARAM, petitioners, vs. THE HONORABLE COURT OF APPEALS and ROSARIO MONTILLA, respondents.

G.R. No. L-7820 | 1957-04-30

D E C I S I O N


BENGZON, J.:

Miguel Caram and Fermin G. Caram filed this action in the Negros Occidental court of first instance to repurchase from Rosario Montilla the portions of the Hacienda Montelibano which had been sold to the latter by their sisters Elena and Salud. They invoked article 1067 of the Civil Code providing that if any of the heirs should sell his hereditary rights to a stranger before the partition any or all of the co-heirs may be subrogated to the rights of the purchaser by reimbursing him for the price of the sale etc.

After hearing the parties Hon. Eduardo D. Enriquez, Judge, absolved the defendant inasmuch as...