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Recaredo F. Pando Vs. Antonio Gimenez, Et Al. 054 Phil 459

RECAREDO F. PANDO, plaintiff-appellee, vs. ANTONIO GIMENEZ, ET AL., defendants. ANTONIO GIMENEZ, appellant.

G.R. No. 31816 | 1930-02-15

D E C I S I O N


ROMUALDEZ, J.:

This action was instituted for the purpose of foreclosing a mortgage executed by defendant Antonio Gimenez. Massy Teague was also impleaded for having purchased at public auction one of the mortgaged properties.
The answer of the defendant Teague set up a general denial and a special defence, which are not involved in this appeal.
Defendant Antonio Gimenez also filed a general denial, and raised four special defences in his answer, to wit:
"As a first special defense said defendant alleges:
"1. That on the 27th day of October, 1924, said defendant Gimenez was indebted to the plaintiff in the sum of P8,000,...