Back

Enrique Jovellano, Et Al Vs. Antonia Lualhati, Et Al. 047 Phil 371

ENRIQUE JOVELLANO AND ISABEL JOYOSA, plaintiffs-appellees, vs. ANTONIA LUALHATI ET AL., defendants. LUCIO SOLMIRANO, appellant.

G.R. No. 22488 | 1925-02-02

D E C I S I O N


MALCOLM, J .:

Defendant as appellant rests his case on this legal proposition: There is no cause of action against the vendor of real property to make him responsible for warranty in case of eviction unless said vendor is given notice of the suit for eviction. Although our local jurisprudence is silent on the subject, we think that counsel is right.

On November 6, 1911, Dionisia Solmirano, Lucio Solmirano, and Macario Solmirano sold to Enrique Jovellano a parcel of land situated in the municipality of Nagcarlan, Laguna, for P150. The deed of sale contained the usual covenant against eviction, namely: "That we, Dionisia,...