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Sison & Sison vs. Yap Tico 37 Phil 584

JOSE SISON and EMILIO SISON, plaintiff-appellant, vs. F.M. YAP TICO and AMANDO AVANCENA, provincial sheriff of Iloilo, defendants-appellees.

G.R. No. L-11583 | 1918-02-08

D E C I S I O N

JOHNSON, J .:

The principal question presented by this appeal is whether or not the mortgagor of a chattel mortgage is relieved from liability by paying the mortgagee after the mortgage has been assigned to a third person, when he has no actual notice of said transfer.

The pertinent facts as they appear in the record are: That on the 11th day of April, 1912, the plaintiffs borrowed of Eugenio Kilayko the sum of P2,000; that to guarantee the payment of said sum they executed and delivered to the said Kilayko a chattel mortgage covering machinery, crops and a number of carabaos; that said debt was due and payable on or before...