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Palacios vs. Daza

JUAN PALACIOS, administrator of the estate of the deceased Josefa Aguirre, petitioner, vs. INIGO S. DAZA, Judge of First Instance of Batangas, and THE PROVINCIAL GOVERNMENT OF BATANGAS, respondents.

G.R. No. L-61 | 1945-10-16

D E C I S I O N

PERFECTO, J:

The Provincial Government of Batangas instituted expropriation proceedings against Josefa Aguirre. On August 28, 1940, the Court of First Instance of Batangas rendered a decision, fixing the amount plaintiff should pay Josefa Aguirre for the expropriated land. On August 26, 1941, a writ of execution was issued for the collection of said amount. The writ was still not complied with when the last global war broke out.

On July 24, 1945, an alias writ of execution was issued, properties of the plaintiff were attached, and sale at public auction of the same was set for September 15, 1945. On August 21, 1945,...