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Maxima C. Dizon Vs. Jose Arrastia113 Phil. 476

MAXIMA C. DIZON, plaintiff-appellee, vs. JOSE ARRASTIA, defendant-appellant.

G.R. No. L-15383 | 1961-11-29

D E C I S I O N 


DIZON, J.: 

In the month of October, 1943 appellant borrowed and received from appellee the sum of P10,000.00. To secure payment thereof he executed on July 1st of the following year the deed of mortgage now in the record of Exhibit C which provided, inter alia, that the loan would become due and demandable after October 23, 1947 and that the mortgagor waived his right to repay the loan before said date. 

On October 9, 1944 appellant consigned in the Court of First Instance of Manila (Civil Case No. 2917) the sum of P12,436.00 in payment of the mortgage debt mentioned above, in view of appellee's alleged...