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Nicolas De Los Santos vs. Court Of Appeals, Et Al.121 Phil. 1340

NICOLAS DE LOS SANTOS, petitioner, vs. THE COURT OF APPEALS (Sixth Division Special), SANTIAGO K. BAUTISTA and EDUARDO MENDIGORIA, respondents.

G.R. No. L-18682 | 1965-06-30

D E C I S I O N 


MAKALINTAL, J.: 

In 1949 respondent Eduardo Mendigoria executed a chattel mortgage of a house owned by him to secure a loan he had obtained from petitioner Nicolas de los Santos. The loan was payable on or before July 19 of the same year. A few days before then, or on July 11, Mendigoria sold the house to his co-respondent herein, Santiago K. Bautista. In 1958 Mendigoria received from de los Santos a formal demand for payment, with notice of extrajudicial foreclosure of the mortgage, whereupon Mendigoria and Bautista commenced an action in the Court of First Instance of Manila to have the foreclosure sale enjoined...