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EN BANC
DIVISION
ANTONIO DOMENECH,
Plaintiff-Appellee,
G.
R.
No. 1057
March
15, 1904
-versus-
ANASTASIO MONTES,
Defendant-Appellant.
D E C I S I
O N
ARELLANO, C.J. :
The
only question in this
case is whether the plaintiff is entitled to recover the possession of
a piece of land which was sold to him under an agreement to repurchase
in the year 1892, the land not having been repurchased in the period of
one year from the date of the contract, it having been stipulated that
the lapse of this term without the exercise of the right to repurchase
would convert the sale into an absolute and irrevocable conveyance. In
his answer the defendant alleged that he had repaid the 168 pesos
mentioned
in the deed as the purchase price received by him.
In the Decision of
the Court below, We find the following finding: "The defendant has not
paid to the plaintiff the sum of 168 pesos or any part thereof." This
finding
having been made, and there being no motion for a new one, for the
purpose
of this appeal, We must assume that the purchase price was not returned
and consequently that the right to demand the reconveyance was not
exercised
within the term stipulated.
This being so, the
effect of the non-performance of the subsequent condition attached to
the
sale, to wit, "but if the said period should expire without the
exercise of the right of redemption, this sale shall become absolute,"
was to vest the fee absolutely in the plaintiff, and consequently he
was
entitled to recover his property, and such was the decision of the
court
below.
The judgment appealed
is, therefore, affirmed, with the costs of this instance against the
appellant.
So ordered.
Torres, Cooper,
Willard,
Mapa, and McDonough, JJ., concur.
Johnson, J.,
did not sit in this case. |
