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Mercedes Raffinan vs. Felipe L. Abe l114 Phil. 1206

MERCEDES RAFFINAN, petitioner-appellee, vs. FELIPE L. ABEL, defendant, and FORTUNATO ROSILLOSA, defendant-appellant.

G.R. No. L-17082 | 1962-04-30

D E C I S I O N


BARRERA, J.:

This is an appeal, certified to us by the Court of Appeals, against the decision of the Court of First Instance of Quezon Province in Civil Case No. 5833 of its docket, declaring that the defendant-appellant Fortunato Rosillosa had already lost his right to repurchase the homestead in question and decreeing the foreclosure of the mortgage over the same land executed by the other defendant Felipe Abel, as purchaser, in favor of the plaintiff-appellee Mercedes RaffiƱan.

Appellant Rosillosa acquired the disputed land by homestead in whose favor Original Certificate of Title No. 5483 was issued. On August 17, 1944 he...