Back

Salvador Benedicto, Et Al. vs. Court Of Appeals, Et Al.

SALVADOR BENEDICTO (deceased) ROBERTO S. BENEDICTO, petitioner, vs. COURT OF APPEALS and VICENTE A. HERAS, respondents.

G.R. No. L-22733 | 1968-09-25

D E C I S I O N 


CASTRO, J.: 

This case which originated in the Court of First Instance of Manila was an action by the respondent Vicente A. Heras to recover a portion of land enclosed and walled by the petitioner Salvador Benedicto, and to demand the reopening of an easement of way between his real property and that of the petitioner. 

The facts, in the language of the stipulation of the parties, are: 

"1. The adjoining properties of the plaintiff [Heras] and the defendant [Benedicto] formerly belonged to one owner, MIRIAM R. HEDRICK, consisting of Lots Nos. 8, 9, 10, 22, 23, and 24 of Survey Plan RS-219, G.L.R.O. Record...