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Alberta B. Cabral, Et Al. vs. Teodora Evangelista, Et Al.

ALBERTA B. CABRAL and RENATO CABRAL, plaintiffs-appellees, vs. TEODORA EVANGELISTA and JUAN N. EVANGELISTA, defendants-appellants, and GEORGE L. TUNAYA, defendant.

G.R. No. L-26860 | 1969-07-30

D E C I S I O N 


TEEHANKEE, J.: 

In this appeal from a decision of the Court of First Instance, and certified by the Court of Appeals to this Court upon agreement of the parties as involving only questions of law, we reaffirm the well settled principle that the rights of a mortgage creditor over the mortgaged properties are superior to those of a subsequent attaching creditor. 

On December 12, 1959, defendant George L. Tunaya had executed in favor of plaintiffs-appellees a chattel mortgage covering a "MORRISON" English piano, made in England Concert model, Serial No. 6079 and a Frigidaire General Motors Electric Stove with...