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Enrique Bautista Vs. Eustaquio Fule

ENRIQUE BAUTISTA, petitioner, vs. EUSTAQUIO FULE, respondent.

G.R. No. L-1577 | 1950-01-31

D E C I S I O N


REYES, J.:

This is an appeal from a decision of the Court of Appeals. The essential facts are not in dispute. Felipe Suarez was the owner of a parcel of unregistered coconut land situated in Alaminos, Laguna. On June 30, 1930, Suarez sold this land to Gregorio Atienza for P1,300 subject to repurchase within ten years. Atienza, in turn, sold it to Valentin Dimaano for P100 subject to redemption within five years. (This last transaction was, however, found by the Court of Appeals to be a mere equitable mortgage and not a pacto de retro sale.) Some four years thereafter the land was levied upon to satisfy a judgment...