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Chua Lamko Vs. Alfredo Dioso, Et Al.

CHUA LAMKO, petitioner, vs. ALFREDO DIOSO, ET AL., respondents.

G.R. No. L-6923 | 1955-10-31

D E C I S I O N


BENGZON, J.:

This petition to review the decision of the Court of Appeals was given due course upon the sole legal question whether the counterclaim of Chua Lamko against the plaintiffs had prescribed.

The material facts necessary to determine the issue are these:

In March, 1939, in Civil Case No. 7080 of Laguna, Chua Lamko obtained judgment to foreclose the mortgage debt of Eligio Dioso (predecessor of the plaintiffs) for the amount of P1,910.10 with interest. The mortgaged property was accordingly sold by the Sheriff, at public auction, to Chua Lamko as the highest bidder; but he never obtained judicial confirmation...