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Somes vs. Gov't of the Phil. Islands

ENRIQUE SOMES, plaintiff-appellee, vs. THE GOVERNMENT OF THE PHILIPPINE ISLANDS, represented by THE DIRECTOR OF LANDS and the SHERIFF OF THE CITY OF MANILA, defendants and appellants. NIEVES CHOFRE, intervenor-appellee.

G.R. No. 42754 | 1935-10-30

D E C I S I O N


IMPERIAL, J:

This is an action brought by the plaintiff to annul a certain judgment obtained by the defendant, Government of the Philippine Islands, in its favor in a mortgage foreclosure proceedings and to obtain a preliminary injunction against said defendant and the sheriff of the City of Manila restraining them from executing said mortgage and selling the mortgaged property at public auction. The Government appealed from the judgment of the court holding the foreclosure suit premature and converting the preliminary injunction therein issued into a final one and ordering the defendants to refrain from selling the...