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Sarmiento, et al vs. Salud, et al

FRANCISCO D. SARMIENTO and MARCELINA S. SARMIENTO, plaintiffs-appellees, vs. JORGE SALUD and BENITO MACROHON, in his capacity as the Sheriff of Quezon City, defendants-appellants.

G.R. No. L-25221 | 1972-05-30

D E C I S I O N


REYES, J.B.L., J:

Direct appeal (before R.A. 5440) from a decision of the Court of First Instance of Quezon City, in its Civil Case No. Q-7040, declaring the foreclosure sale, which had been made by the Provincial Sheriff of Rizal in favor of appellant Jorge Salud, null and void without pronouncement as to costs.

The background facts are not contested, being stipulated in the court below. On 16 February 1957, spouses Francisca D. Sarmiento and Marcelina S. Sarmiento purchased from Philippine Homesite and Housing Corp. a 295.50 sq. in residential lot at 3136 K-6th St., Kamuning, Quezon City. They were issued TCT 34850,...