[ G. R. No. 40283. May 23, 1934 ] G. R. No. 40283
[ G. R. No. 40283. May 23, 1934 ]
VALENTIN DEVILLES , PLAINTIFF AND APPELLANT, VS. SIMEON C. CAPULE ET AL., DEFENDANTS AND APPELLEES. D E C I S I O N
J. STEVENS-ACTING CLERK OF COURT
This court having regularly acquired jurisdiction for the trial of the above-entitled cause submitted by both parties for decision,after consideration thereof by the Court upon the record, its decision and order for the judgment having been filed on the ________30th________day of April, A. D. nineteen hundred and _thirty-four;
By virtue thereof it is hereby adjudged and decreed that the order of the Court of the First Instance of Tayabas, dated the 24th day of October, nineteen hundred and thirty-two, and from which the above-entitled appeal was taken, be, and the same is hereby, reversed. The sale had a virtue of the execution of the judgment in case No. 2616 of the Court of First Instance of Tayabas is declared null and void and it is further ordered that the Transfer of Certificate of Title No. 5568 in favor of Simeon C. Capule and Lois D. Capule , which cancelled Transfer Certificate of Title No. 4610 in favor of Valentin Devilles, be cancelled and that new certificate of title covering the same land be issued fixed in Sheriff’s deed in favor of Devilles has expired, said certificate be issued free of the encumbrance. With costs in this instance against the defendants.
It is further ordered that the appellant recover from the appellees__ the sum of P__128.00__, as costs.