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FIRST
DIVISION
EVARISTO
ALVAREZ,
Plaintiff-Appellee,
G.
R.
No. 878
January
2, 1903
-versus-
LEON
MONTINOLA,
ET AL.,
Defendants-Appellants.
D E C I S I
O N
ARELLANO, C.J.:
On the 25th of October
1898, one of the defendants, Rufino Diamanan, by a private document,
sold
to the plaintiff, Evaristo Alvarez, forty heads of carabao for the sum
of $2,500, which amount was duly paid by the latter to the former, as
appears
from the instrument of sale itself. The purchaser agreed to reconvey
the
carabaos to the vendor at any time within three years from the date of
sale on the repayment of the purchase price - the sale to be absolute
and
the seller to execute the proper credenciales of transfer in
case
Diamanan failed to make repayment to Alvarez within the time limited,
to
wit, on or before October 25, 1901.
From the time of the
sale so made until the 21st of December 1900, the property conveyed
continued
in the possession of the plaintiff.
On the 21st of December
1900, Leon Montinola, in an executive action prosecuted by him against
Rufino Diamanan to recover certain sums of money alleged to be due to
him,
the said Montinola embargoed 23 heads of these carabaos as the property
of his debtor Diamanan.
On the 12th of January
1901, Alvarez commenced the present proceeding of intervention under
claim
of ownership, alleging that he and not Rufino Diamanan was the owner of
the embargoed animals, and demanded that the embargo laid thereon be
raised
and the property returned to him as the rightful owner thereof.
The Court below
adjudged
that plaintiff's intervention as the owner of the property embargoed in
the executive action prosecuted by Montinola against Diamanan was well
founded, and raised and embargo. Montinola appealed.
An examination of the
record not having disclosed any error of fact or law the judgment is
affirmed,
each party to pay his own costs. So ordered.
Torres, Cooper,
Willard,
Mapa, and Ladd, JJ., concur.
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