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Pio Mercado Vs. Maria Tan-Lingco 027 Phil 319

PIO MERCADO, plaintiff-appellant, vs. MARIA TAN-LINGCO, defendant-appellee.

G.R. No. 9124 | 1914-03-25

D E C I S I O N


MORELAND, J.:

This is and appeal from a judgment of the Court of First Instance of Bulacan entered upon an order sustaining a demurrer to a complaint and dismissing the cause upon the merits, with costs.

The plaintiff in his complaint alleges that he is the husband of Rita Raiz Mateo and was at all times mentioned in said complaint; that on July 19, 1909, the said Rita Raiz Mateo, being then duly and legally married to said plaintiff, mortgaged to Maria Tan-Lingco Gonzalez certain parcels or land described in the complaint.

The complaint further shows that said mortgage is illegal inasmuch as, under the Civil Code, a...