Back

Eulogio Betita Vs. Simeon Ganzon, Et Al. 049 Phil 87

EULOGIO BETITA, plaintiff-appellee, vs. SIMEON GANZON, ALEJO DE LA FLOR, and CLEMENTE PEDRE?A, defendants-appellants.

G.R. No. 24137 | 1926-03-29

D E C I S I O N


OSTRAND, J.:

This action is brought to recover the possession of four carabaos with damages in the sum of P200. Briefly stated the facts are as follows: On May 15, 1924, the defendant Alejo de la Flor recovered a judgment against Tiburcia Buhayan for the sum of P140 with costs. Under this judgment the defendant Ganzon, as sheriff, levied execution on the carabaos in question which were found in the possession of one Simon Jacinto but registered in the named Tiburcia Buhayan. The plaintiff herein, Eulogio Betita presented a third party claim (terceria) alleging that the carabaos had been mortgaged to him and as evidence...