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Gibbs vs. CFI of Manila (Branch V)

ALLISON J. GIBBS, FINLEY J. GIBBS and ESTATE OF A. D. GIBBS, plaintiffs, vs. THE COURT OF FIRST INSTANCE OF MANILA (Branch V), BUENAVENTURA OCAMPO, EULOGIO RODRIGUEZ, SR., and LUZON SURETY CO., defendants.

G.R. No. L-1460 | 1948-01-30

D E C I S I O N

PADILLA, J:

An action for declaratory relief was brought in the Court of First Instance of Manila (civil case No. 71093). The relief prayed for is a declaration that the debt of two of the defendants secured by a mortgage on real property is still unpaid that said defendants, jointly and severally, are liable to pay it within 90 days from and after the repeal of the Executive Order on debt moratorium, and, if not paid within such period, that the mortgaged property will be sold at public auction to satisfy the mortgage debt, interests, and costs; that the mortgage duly recorded on the back of the Torrens certificate of...