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Gimeno, et al vs. Court of Appeals, et al

ALFREDO GIMENO and DR. LEONARDO GIMENO ** , petitioners, vs. THE HONORABLE COURT OF APPEALS *** and PRUDENCIO CARTAGENA, respondents.

G.R. No. L-22747 | 1977-12-29

D E C I S I O N

MUá'OZ-PALMA, J:

This is a simple case of recovery of two hectares of land filed by petitioner Alfredo Gimeno and several others against respondent Prudencio Cartagena with the Court of First Instance of Davao.

The land in litigation is part of a 17-hectare parcel situated in barrio Baculin, Municipality of Baganga, province of Davao, presently covered by Original Certificate of Title No. 1354 dated February 14, 1935 under a homestead patent issued in favor of Brigido Cartagena, father of Prudencio Cartagena. During the lifetime of Brigido Cartagena a "Deed of Partition Inter Vivos" was executed between spouses Brigido...