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Obdulia Aragon, Et Al. Vs. Francisco Aragon, Et Al. 105 Phil 365

OBDULIA ARAGON, CONRADO ARAGON, and MAXIMO ARAGON, plaintiffs-appellees, vs. FRANCISCO ARAGON, BEATRIZ ARAGON, and MIGUELA ARAGON, defendants-appellants.

G.R. No. L-11472 | 1959-03-30

D E C I S I O N


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

Appeal from the decision of the Court First Instance of Leyte in its Civil Case No. 776, annulling the previous final judgment rendered by it in Civil Case No. 578, ordering the partition of certain parcels of land.

It appears that on September 29, 1949, appellants filed with the Court of First Instance of Leyte a complaint against appellees (Civil Case No. 578) for partition of 11 parcels of land described therein. (Record on Appeal, pp. 8-11). The defendants in said case (appellees herein) were declared in default for failure to file their answer within the reglementary period, in spite of summons...