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Ernest Berg Vs. Magdalena Estate, Inc. 092 Phil 110

ERNEST BERG, plaintiff-appellee, vs. MAGDALENA ESTATE, INC., defendant-appellant.

G.R. No. L-3784 | 1952-10-17

D E C I S I O N


BAUTISTA ANGELO, J.:

This is an action for partition of the property known as Crystal Arcade situated in the City of Manila.

The complaint avers that plaintiff and defendant are co-owners of said property, the former being the owner of one-third interest and the latter of the remaining two-thirds. The division is asked because plaintiff and defendant are unable to agree upon the management of the property and upon the partition thereof.

Defendant answered setting up a special defense and a counterclaim. As a special defense, defendant claims that on September 22, 1943, it sold to plaintiff one-third of the property in...