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Masongsong vs. Kalaw

TOMASA MASONGSONG, plaintiff-appellant, vs. PRIMITIVO KALAW, defendant-appellee.

G.R. No. 33753 | 1931-03-09

D E C I S I O N


ROMUALDEZ, J:

This action was instituted for the purpose of having a certain deed of sale with right of redemption executed by the plaintiff in favor of the defendant, quoted in the complaint, declared by the court as failing to express the real intention of the parties, it being, in reality, a mortgage deed, praying, therefore, for the cancellation of the certificate of title which, by virtue of said sale and the subsequent consolidation, was issued to the defendant, and that the latter be sentenced to pay the costs.

In addition to a specific denial of certain paragraphs of the complaint, the defendant sets up a...