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Macondray & Co. vs. Coleto

MACONDRAY & CO., INC., plaintiff-appellant, vs. PEDRO COLETO, defendant-appellee. ISABEL COLETO DE ORTIZ, intervenor, MACONDRAY & CO., INC., ET AL., cross-defendants.

G.R. No. 41223 | 1934-12-19

D E C I S I O N


AVANCEá'A, C. J:

The plaintiff prays that it be declared the owner of the properties described in paragraph 2 of its complaint and, alleging that the defendant is illegally in possession thereof, also prays that the latter be ordered evicted therefrom and to pay the sum of P5,000 as damages.

On September 19, 1927, the defendant constituted a mortgage on a Chrysler car in favor of the plaintiff to secure the payment of several promissory notes amounting to P2,600 which represent the balance on said mortgaged car purchased from the plaintiff. As some of these promissory notes had not been paid, the plaintiff foreclosed...