Back

Lao-Simbieng vs. Maria Palencia 018 Phil 325

LAO-SIMBIENG, plaintiff-appellant, vs. MARIA PALENCIA, judicial administratrix of the estate of Eugenio Otivar, deceased, defendant-appellant.

G.R. No. L-4916 | 1911-01-28

D E C I S I O N


MAPA, J.:

In the judgment rendered in this case, which concerns the recovery of possession of a house and lot, the Court of First Instance found that "if the plaintiff has not proved that he is the owner and proprietor of the property in question, he has, however, proved that he is entitled to the possession of the said property, and it is its possession that he asks for in his complaint;" and in consonance with this conclusion, he sentenced the defendant to deliver the aforesaid property to the plaintiff and to pay the cost of the case. An appeal was taken from this judgment by both the plaintiff and the defendant.

The...