Addison v. Teague

IMPERIAL, J.:

On August 26, 1930, the Court of First Instance of Rizal rendered a judgment in civil case No. 4291 ordering the herein petitioner, then defendant, to pay to the respondent, then plaintiff, the sum of P5,000, with interest thereon at 12 per cent per annum from April 26, 1927 until fully paid, plus 15 per cent on both amounts, as attorney's fees, and P48 as rents, and the costs. According to the judgment, all these amounts are to be paid within ninety days from notice thereof, failing which, the mortgaged property will be sold at public auction and the proceeds thereof applied to the satisfaction of the judgment and other costs. The petitioner appealed from the judgment, but this court affirmed it on September 3, 1923, in G.R. No. 34823.

Upon the return of the case to the trial court, a writ of execution was issued because of the petitioner's failure to pay the amount of the judgment within the time fixed, and on January 18, 1933, the mortgaged property was publicly sold by the sheriff and adjudicated to the respondent, as the highest bidder, for the sum of P9,995.79. this amount included the amount of the judgment with interest on the capital until the aforesaid date. At the public sale the petitioner offered because the petitioner had no money to deposit.

By the order of January 30, 1933, the court confirmed the sale made by the sheriff. The petitioner again appealed from this order, but this court affirmed it on August 3, 1933. The record was remanded to the trial court and the judgment of this court was entered on August 21st of the same year.

On December 6, 1935, the respondent filed a motion in the case asking that the court render a deficiency judgment and order the issuance of a writ of execution against the petitioner for the following amounts of money: Interest on the amount of P5,000 from January 19, 1933 until August 21, 1933, at 12 per cent per annum .......................... P353.33 A certain percentage for the sheriff as fees for the sale of the property ............................................................................................ 62.98 Costs in the Supreme Court in G.R. No. 39285 ...................

40.00 Receiver's fees advanced by the plaintiff ................................ 170.17 Total ...............................................................