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Ramon Feced vs Mariano Abella

RAMON FECED, plaintiff-appellee, vs. MARIANO ABELLA, defendant-appellant.

G.R. No. 32 | 1902-03-03

D E C I S I O N


WILLARD, J.:

In the present case we find it necessary to determine but one question, which is as follows: Will the summary writ of recovery (interdicto de recobrar) lie against one who is not the party committing the ouster, but is a third party to whom the latter has delivered the realty? The law upon this point has undergone some radical changes. The annotator of the publication La Publicidad, speaking of law 30, title 2, partida 3, says: "The summary writ of recovery introduced by the canonical law, is much more advantageous than the Roman writ 'unde vi,' because, among other reasons, the former is a real action and...