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La Urbana vs. Viuda de Alegre

LA URBANA, Mutual Building and Loan Association, plaintiff-appellee, vs. AIMEE SARGENT VIUDA DE ALEGRE, judicial administratrix of the intestate estate of the deceased, Juan B. Alegre, defendant-appellant.

G.R. No. 39746 | 1934-03-28

D E C I S I O N


HULL, J:

Plaintiff brought suit in the Court of First Instance of Sorsogon seeking the foreclosure of three mortgages executed by the late Juan B. Alegre during his lifetime.

After trial judgment was given plaintiff according to the face of the three mortgages, and the defendant brings this appeal and makes the following assignments of error:

"I. The trial court erred in not adjudging that the mortgage contracts set out in the complaint could not be foreclosed for the reason that they had been novated and superseded by defendant's offer to consolidate the same as shown in Exhibit 1 and plaintiff's acceptance of that...