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Angeles Rodriguez, Et Al. Vs. Court Of First Instance Of Rizal, Et Al. 088 Phil 417

ANGELES RODRIGUEZ, JOSE RODRIGUEZ, MARIA RODRIGUEZ, JOSEFA RODRIGUEZ, CARIDAD RODRIGUEZ, ARACELI RODRIGUEZ, CORAZON RODRIGUEZ, JESUS RODRIGUEZ, and CARMELITA RODRIGUEZ, the last two are represented by their guardian ad litem, EUSEBIA DE LEON, petitioners, vs. THE COURT OF FIRST INSTANCE OF RIZAL, RIZAL CITY BRANCH, ALFREDO FERRER, TRINIDAD FERRER and THE PROVINCIAL SHERIFF OF RIZAL, respondents.

G.R. No. L-3762 | 1951-03-29

D E C I S I O N


TUASON, J.:

This is a petition to review on certiorari an order of execution.

It appears that, having been adjudicated a 1/4 undivided share in a small salt-land, in a suit in which they were plaintiffs, Alfredo Ferrer and Trinidad Ferrer, respondents herein, obtained a writ of execution on a specific portion of the lot which they themselves had selected. The execution admittedly departed materially and radically from the tenor of the judgment, but the respondents claim that the defendants', now petitioner attorney had given his assent. The extent of this assent is the principal bone of contention in this court.

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