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Rufina De La Cruz,Et Al Vs. Si Peng, Etal 031 Phil 65

RUFINA DE LA CRUZ and her husband ALEJO F. CANDIDO, plaintiffs-appellants, vs. SI PENG, representative of Sy Cho Tee, widow of the deceased Lorenzo Elizaga Yap Caong, JULIA DE LA CRUZ, natural guardian of the minor Gregorio Elizaga Yap Caong, JOSE YAP CAOQUIAN, curator ad litem of the minors Yap Cacuan and Yap Cajoy, and YAP TUACO in his own behalf and as administrator of the estate of the deceased Lorenzo Elizaga Yap Caong, defendants-appellees.

G.R. No. 10087 | 1916-03-31

D E C I S I O N


TRENT, J.:

This is an action by a judgment creditor, Rufina de la Cruz, joined by her husband, against the estate of an invent decedent seeking to set aside an alleged fraudulent conveyance made by the deceased the day prior to his death in favor of the defendant Yap Tuaco. From a judgment dismissing the complaint on the merits, the plaintiff appealed.

The appellant urges that the trial court erred (1) in not decreeing the rescission of the contract of purchase and sale of the deceased's interest in his parents' estate, the same having been executed in fraud of creditors and while the purchaser was the judicial receiver...