Causin.Īfter the issues were joined the parties went to trial and thereafter the court rendered the decision appealed from, after reconsidering a previous order granting the prayer of the complaint. This new transfer certificate of title carries on the back the attachment and levy in favor of Elena R. 1786 issued in the name of Agustin Ramirez. Espiritu was cancelled and in lieu thereof transfer certificate of title No. Meanwhile, on September 22, 1951, transfer certificate of title No. So Ramirez brought the present action in the Court of First Instance of Cebu on September 18, 1951, to dissolve the attachment and enjoin the sheriff from proceeding with the sale and to recover damages. On August 23, 1951, plaintiff herein filed a third-party claim against the attachment but as Causin filed the bond required of her by the sheriff, the latter continued the proceedings of the sale of the property on execution. ![]() ![]() On August 4, 1951, the attachment was inscribed on Transfer Certificate of Title No. Execution of this judgment was ordered on July 30, 1951, and levy was made upon the property of the defendant. Espiritu, for defendant to pay plaintiff the sum of P950, with interest and attorney's fees. On July 14, 1951, the municipal court of Cebu City entered a judgment in its civil case No. However, the sale was not transcribed at the back of the certificate of title for the reason that this was then in the possession of the mortgagee, Philippine National Bank. The deed of sale was entered in the day book of the register of deeds of Cebu on May 10, 1951, upon payment of an entry fee of P0.50. ![]() The record discloses that on November 25, 1950, Rogaciano Espiritu sold the parcel of land in question to Agustin Ramirez for P1.00, with the condition that the vendee assume a first mortgage executed on the property in favor of the Philippine National Bank and certain obligations of the vendor with the Firestone Tires and Rubber Company and Violeta G. From an order denying the petition for dissolution of the attachment plaintiff appealed to the Court of Appeals which, however, endorsed the case to us, for the reason that only questions of law are involved in the appeal. 15-D of the Banilad Estate, situated in the barrio of Cogon, City of Cebu, and covered by Transfer Certificate of Title No. This is an action instituted by plaintiff to secure the dissolution of an attachment made by the provincial sheriff of Cebu, on behalf of Elena R.
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