Peña v. Yulo

ROMUALDEZ, J.:

The plaintiffs claim an unpaid credit against the deceased spouses pro indiviso , one a) That the b) that the plaintiffs' claim of three , described above, and the eight parcels of land situated in the municipality of Jordan, Province of Iloilo, described above; (c) that d) the defendants be ordered to pay the plaintiffs jointly and The defendant Francisco Ortiz answered the complaint with a general The defendant administrator of the intestate estate of Gregorio Yulo The defendants Marina Yulo and Jorge B. Vargas demurred on the ground The defendants Gloria Yulo and Jose Varela also demurred to the Mariano Yulo and Jorge B. Vargas answered the complaint with a general The defendants Gloria Yulo and Jose Varela answered the complaint with After hearing the case, the Court of First Instance of Iloilo rendered For all the foregoing considerations, judgment is hereby entered: (a) Setting aside as null and void the orders dated August 7, 1926,In re Estate of Gregorio Yulo;"

(b) Holding that the claim of the plaintiffs in the amount of three (c) Sentencing the defendants jointly and severally to pay the In view of this decision, the plaintiffs are hereby ordered to take the In re Gregorio Yulo, hereby declared null and void. The defendants appealed from this judgment making several assignments The annulment made by the court below of the orders of August 7, 1926 It is contended that the administrator being aware of said facts, he was The court does not find that this reason is sufficient justification for This creditor could have put in a timely appearance to object to this Moreover, the orders referred to, Exhibits N and O, dated August 7, From this it follows that, as these orders are valid, they subsist fully, Although this property was originally conjugal property of Gregorio Having reached these conclusions, it is unnecessary to decide the Wherefore, the order appealed from is revoked, and the defendants are Avanceña, C.J., Street, Malcolm, Villamor, Ostrand, Johns, and Villa-Real, JJ., concur.