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Modesta Jimenez Vda. De Nocete vs. Pilar Oira

MODESTA JIMENEZ VDA. DE NOCETE, plaintiff-appellant, vs. PILAR OIRA, defendant-appellee.

G.R. No. L-23792 | 1969-03-28

D E C I S I O N 


BARREDO, J.: 

This is a pauper's appeal from the order of the Court of First Instance of Negros Oriental, the Honorable Judge Macario P. Santos, presiding, dismissing the case on the stated reasoning that it being one of forcible entry appealed from the municipal court (now City Court) of Dumaguete, Negros Oriental and the "pleadings of the parties show clearly that the question of ownership over the land in question is very much involved and for that reason, this case should have been dismissed outright in the inferior court; added to this is the fact that the original plaintiff has already died. Since actual...