Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1908 > January 1908 Decisions > G.R. No. L-4044 January 10, 1908 - W. H. SAMMONS v. MACARIO FAVILA

009 Phil 552:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. L-4044. January 10, 1908. ]

W. H. SAMMONS, Plaintiff-Appellee, v. MACARIO FAVILA, Defendant-Appellant.

Ledesma and Sumulong, for Appellant.

A. A. Garner, for Appellee.

SYLLABUS


1. ATTACHMENT; EVIDENCE OF OWNERSHIP. — Upon the evidence in this case: Held, That the plaintiff was the owner of the property at the time the levy thereon was made by the defendant sheriff under an execution against a third person.


D E C I S I O N


WILLARD, J. :


The plaintiff, Sammons, brought this action in the Court of First Instance of the Province of Pangasinan to recover of the defendant sheriff the sum of P972.40, damages caused by the seizure of certain of his property, situated in a saloon in the pueblo of Bautista, under a writ of attachment against one Morse. Judgment was entered in the court below in favor of the plaintiff for the sum of P672.40, with interest and costs. From this judgment the defendant has appealed.

Morse, the defendant in the attachment, and Sammons, the plaintiff in this action, were the owners of the property in controversy until the 25th day of November, 1905, when Morse, by a written instrument, sold his interest therein to the plaintiff. The license under which the business was carried on was in the name of Morse and Sammons until the 1st day of January, 1906, when it was changed, and after that it was in the name of Sammons alone. The attachment was levied by the deputy on the 13th day of January, 1906.

It is admitted by the deputy of the defendant who made the levy that at the time thereof Sammons was in possession of the property. It is proved that Sammons then claimed to be the sole owner thereof; that he then exhibited to the deputy the contract of purchase made on the 25th of November, and showed him the license which was in his, Sammons’, name; and that he accompanied the deputy to the court of the justice of the peace. It is apparent that by reason of this claim proceedings upon the attachment were suspended for a time, but they were afterwards carried into effect, the property taken from the saloon, and sold. The evidence does not show, as claimed by the appellant, that there were two levies. Only one levy was made and that was made on the 13th day of January, when Sammons, the plaintiff, was present. That Sammons was sole owner of the property on that date is fully established by the proof.

But the appellant claims that the plaintiff presented to the sheriff no written claim of ownership, as required by section 442 of the Code of Civil Procedure. The evidence upon this point is strongly in favor of the finding of the court below. The plaintiff testified that while in Manila he was notified that the property was being taken from the store; that he thereupon employed a lawyer in Manila and caused to be made, and he himself swore to, an affidavit of ownership of the property and that he delivered this affidavit to his lawyer. The lawyer swore that he went to Bautista and delivered the affidavit to the deputy sheriff, retaining a copy himself, which he produced at the trial. The deputy sheriff admitted that the lawyer came to see him and gave him the contract of November 25. When asked if the lawyer gave him also an affidavit of ownership, he at first stated that he could not remember. He afterwards denied that any such affidavit was given to him. Upon this evidence, the finding of the court below against the appellant can not be reversed. The case is in many respects stronger for the plaintiff than the similar case of Uy Piaoco v. Osmeña, No. 3935, decided December 4, 1907. 1

The judgment of the court below is affirmed, with the cost of this instance against the Appellant. So ordered.

Arellano, C.J., Torres, Mapa, Johnson, Carson, and Tracey, JJ., concur.

Endnotes:



1. Page 299, supra.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






January-1908 Jurisprudence                 

  • G.R. No. L-3133 January 2, 1908 - ROMAN CATHOLIC APOSTOLIC CHURCH v. MUNICIPALITIES OF CUYAPO

    009 Phil 457

  • G.R. No. L-3736 January 2, 1908 - ALEXANDER DRAGON v. CARMEN DE LA CAVADA DE ENRIQUEZ

    009 Phil 461

  • G.R. No. L-3771 January 2, 1908 - PEDRO P. ROXAS v. ALEJANDRO, ET AL.

    009 Phil 475

  • G.R. No. L-3889 January 2, 1908 - JOSEFA VARELA v. ANTONIO MATUTE

    009 Phil 479

  • G.R. No. L-3890 January 2, 1908 - JOSEFA VARELA v. JOSEPHINE FINNICK

    009 Phil 482

  • G.R. No. L-3196 January 6, 1908 - CARMEN ZAMORA GONZAGA Y PILAR v. PEDRO MARTINEZ

    009 Phil 489

  • G.R. No. L-3777 January 6, 1908 - UNITED STATES v. NICOLASA PASCUAL

    009 Phil 491

  • G.R. No. L-2080 January 7, 1908 - UNITED STATES v. FELIX MELLIZA

    009 Phil 496

  • G.R. No. L-3631 January 8, 1908 - WARNER v. ROMAN JAUCIAN

    009 Phil 503

  • G.R. No. L-3987 January 8, 1908 - UNITED STATES v. LORENZO TUPAS

    009 Phil 506

  • G.R. No. L-3997 January 8, 1908 - UNITED STATES v. AGAPITO LAZADA

    009 Phil 509

  • G.R. No. L-3282 January 9, 1908 - RICARDO AGUADO v. CITY OF MANILA

    009 Phil 513

  • G.R. No. L-3603 January 9, 1908 - DIEGO RUGUIAN v. ROMAN RUGUIAN

    009 Phil 527

  • G.R. No. L-4023 January 9, 1908 - UNITED STATES v. BENITO MANANSALA

    009 Phil 529

  • G.R. No. L-4070 January 9, 1908 - JOSE R. INFANTE v. CATALINA MONTEMAYOR

    009 Phil 530

  • G.R. No. L-3687 January 10, 1908 - UNITED STATES v. JOHN HAZLEY

    009 Phil 533

  • G.R. No. L-3772 January 10, 1908 - LAURENTE BALDOVINO v. PEDRO AMENOS

    009 Phil 537

  • G.R. No. L-3956 January 10, 1908 - UNITED STATES v. EMILIO CARRERO

    009 Phil 544

  • G.R. No. L-4044 January 10, 1908 - W. H. SAMMONS v. MACARIO FAVILA

    009 Phil 552

  • G.R. No. L-3866 January 11, 1908 - E. B. MERCHANT v. INTERNATIONAL BANKING CORP.

    009 Phil 554

  • G.R. No. L-3834 January 13, 1908 - ISODORA GACRAMA v. MARIA LOZADA

    009 Phil 560

  • G.R. No. L-4046 January 13, 1908 - PEDRO CASIMIRO v. JOSE FERNANDEZ

    009 Phil 562

  • G.R. No. L-4183 January 13, 1908 - UNITED STATES v. ANDRES SORIANO

    009 Phil 564

  • G.R. No. L-4204 January 13, 1908 - UNITED STATES v. SIA TAO, ET AL.

    009 Phil 565

  • G.R. No. L-4387 January 13, 1908 - VICENTE PRIOLO v. PEDRO PRIOLO

    009 Phil 566

  • G.R. No. L-3592 January 14, 1908 - DALMACIO FRANCISCO v. GERONIMO TABADA

    009 Phil 568

  • G.R. No. L-3970 January 14, 1908 - UNITED STATES v. BONIFACIO BUNSALAN

    009 Phil 571

  • G.R. No. L-3981 January 14, 1908 - UNITED STATES, ET AL. v. GASPAR ALVIR

    009 Phil 576

  • G.R. No. L-3731 January 15, 1908 - J. T. CASSELLS v. ROBERT R. REID, ET AL.

    009 Phil 580

  • G.R. No. L-3764 January 15, 1908 - LUISA PEÑA v. W. H. MITCHELL

    009 Phil 587

  • G.R. No. L-3859 January 15, 1908 - UNITED STATES, ET AL v. FELIX ARLANTE

    009 Phil 595

  • G.R. No. L-4184 January 15, 1908 - LUCILA BOYDON v. MATEO ANTONIO FELIX

    009 Phil 597

  • G.R. No. L-2625 January 16, 1908 - JOSE ITURRALDE v. RAMON MAGCAUAS

    009 Phil 599

  • G.R. No. L-2797 January 16, 1908 - JOSE ITURRALDE v. ANTONIO GARDUÑO

    009 Phil 605

  • G.R. No. L-3784 January 16, 1908 - ANTONIO ALVAREZ v. INSULAR GOVERNMENT

    009 Phil 608

  • G.R. No. L-4034 January 16, 1908 - UNITED STATES v. CIRIACO EMPEINADO

    009 Phil 613

  • G.R. No. L-3595 January 17, 1908 - DOMINGO LEDESMA v. GREGORIO MARCOS

    009 Phil 618

  • G.R. No. L-3800 January 17, 1908 - MARCELA PERIZUELO ET AL. v. TEODORO S. BENEDICTO ET AL.

    009 Phil 621

  • G.R. No. L-3802 and L-3804 January 17, 1908 - TOMAS SUNICO v. FRANCISCO CHUIDIAN

    009 Phil 625

  • G.R. No. L-4036 January 17, 1908 - H. J. ANDREWS v. JUAN MORENTE ROSARIO

    009 Phil 634

  • G.R. No. L-3833 January 18, 1908 - JUAN AZARRAGA v. JOSE RODRIGUEZ

    009 Phil 637

  • G.R. No. L-3993 January 18, 1908 - UNITED STATES v. TEOFILO ALGURRA

    009 Phil 644

  • G.R. No. L-4188 January 18, 1908 - EMILE H. JOHNSON v. SANCHO BALANTACBO

    009 Phil 647

  • G.R. No. L-3940 January 20, 1908 - MILLER v. HENRY M. JONES

    009 Phil 648

  • G.R. No. L-4149 January 20, 1908 - ENRIQUE F. SOMES v. RAFAEL MOLINA Y SALVADOR

    009 Phil 653

  • G.R. No. L-3934 January 21, 1908 - UNITED STATES v. AMBROSIO ESTABILLO, ET AL.

    009 Phil 668

  • G.R. No. L-2554 January 22, 1908 - ANTONIO MINA v. VICTORINO LUSTINA

    009 Phil 678

  • G.R. No. L-3155 January 22, 1908 - JOHN BORDMAN v. INSULAR GOVERNMENT

    009 Phil 679

  • G.R. No. L-3355 January 22, 1908 - BONIFACIO MENDOZA v. FRANCISCO NABONG

    009 Phil 681

  • G.R. No. L-4019 January 22, 1908 - UNITED STATES v. JOSE DIMAYUGA

    009 Phil 687

  • G.R. No. L-3015 January 23, 1908 - ROMAN CATHOLIC CHURCH v. MUNICIPALITIES IN PROV. OF ORIENTAL NEGROS

    009 Phil 691

  • G.R. No. L-3888 January 23, 1908 - HENRY W. ELIOT v. CATALINA MONTEMAYOR, ET AL.

    009 Phil 693

  • G.R. No. L-3013 January 24, 1908 - ROMAN CATHOLIC v. MUN. IN THE PROV. OF ILOCOS SUR

    010 Phil 1

  • G.R. No. L-3705 January 24, 1908 - UNITED STATES v. FELIX BOQUILON

    010 Phil 4

  • G.R. No. L-3008 January 25, 1908 - ROMAN CATHOLIC v. MUN. IN THE PROV. OF ILOILO

    010 Phil 8

  • G.R. No. L-3502 January 25, 1908 - RAFAEL ENRIQUEZ v. FLORENCIA VICTORIA

    010 Phil 10

  • G.R. No. L-3538 January 25, 1908 - LA SOCIEDAD "GERMINAL v. MANUEL NUBLA

    010 Phil 18

  • G.R. No. L-3782 January 25, 1908 - ANTONIO ZARAGOZA v. RAMON M. DE VIADEMONTE

    010 Phil 23

  • G.R. No. L-4029 January 25, 1908 - IN RE: DOMINGA BUTALID

    010 Phil 27

  • G.R. No. L-4153 January 25, 1908 - UNITED STATES v. PABLO GUEVARA

    010 Phil 37

  • G.R. No. L-3857 January 28, 1908 - UNITED STATES v. MANUEL DA SILVA

    010 Phil 39

  • G.R. No. L-3874 January 28, 1908 - UNITED STATES v. EMILIO LEYVA

    010 Phil 43

  • G.R. No. L-3947 January 28, 1908 - UNITED STATES v. SIMEON AGRAVANTE

    010 Phil 46

  • G.R. No. L-3533 January 29, 1908 - JUAN TUASON v. CEFERINO DOMINGO LIM

    010 Phil 50

  • G.R. No. 3673 January 29, 1908 - MARIANO GUERERRO v. ANTONIO MIGUEL

    010 Phil 52

  • G.R. No. L-4030 January 29, 1908 - MARIA ANIVERSARIO v. FLORENCIO TERNATE

    010 Phil 53

  • G.R. No. L-3481 January 30, 1908 - GABINO PISARRILLO v. VICENTE LADIA

    010 Phil 58

  • G.R. No. L-4010 January 30, 1908 - VICTOR RAVAGO v. MACARIO BACUD

    010 Phil 60

  • G.R. No. L-4273 January 30, 1908 - VICENTA FABIE Y GUTIERREZ v. CITY OF MANILA

    010 Phil 64

  • G.R. No. L-3832 January 31, 1908 - UNITED STATES v. ISAIAS GONZALEZ

    010 Phil 66

  • G.R. No. L-3882 January 31, 1908 - UNITED STATES v. MARTIN RUBIO CO-PINCO

    010 Phil 69