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Simeon Patalinghud vs. Felisa Ballesteros

SIMEON PATALINGHUD, plaintiff-appellant, vs. FELISA BALLESTEROS, defendant-appellee.

G.R. No. L-25421 | 1971-03-31

D E C I S I O N


ZALDIVAR, J:

Appeal from the decision of the Court of the First Instance of Davao dismissing the complaint in its Civil Case No. 4356.
Plaintiff Simeon Patalinghud was one of the heirs of Jose Patalinghud, the original homesteader of a parcel of land situated in Dumoy, Davao City, covered by Homestead Patent No. 3887 issued on June 7, 1922.

On April 27, 1959, plaintiff executed in favor of defendant Felisa Ballesteros a public instrument entitled "Deed of Conditional Sale," which provides, among other things, the following:

"The vendor had already agreed to an extra-judicial partition of the above -described parcel of...