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Bank Of The Philippine Islands Vs. Benjamin A. Green 048 Phil 284

THE BANK OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. BENJAMIN A. GREEN, defendant-appellant.

G.R. No. 24127 | 1925-11-23

D E C I S I O N


MALCOLM, J .:

This is an appeal taken by the defendant from an order of the Court of First Instance of Manila, confirming the sale of defendant's property by the sheriff of Manila to the plaintiff as judgment creditor upon an execution issued to satisfy a judgment in favor of the plaintiff and against the defendant. The principal issue in the case is whether the variance between the execution and the judgment on which it is issued is so material as to vitiate the execution.

A statement of the case is first in order. The Bank of the Philippine Islands, as plaintiff, began action against Benjamin A. Green, as defendant,...