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B.J. Server vs. Ricardo Sikat

B.J. SERVER, petitioner, vs. RICARDO SIKAT, respondent.

G.R. No. L-24695 | 1968-10-26

D E C I S I O N 


REYES, J.B.L., J.: 

Petition to review the decision of the Court of Appeals, in CA- G.R. No. 28440-R which reversed that of the Court of First Instance of Manila (in its Civil Case No. 25997). 

There is no dispute as to the following facts: 

On 16 January 1945, Ricardo Sikat obtained from B.J. Server a loan of P120,000.00 in Japanese Occupation money. To secure payment of this loan, Sikat constituted a mortgage on two parcels of land in favor of Server and, with Jose de Luna Gonzales, executed a promissory note which reads as follows: 

"We, the undersigned, jointly and severally promise to pay to Mr....