Академический Документы
Профессиональный Документы
Культура Документы
Villa
Topic: Antichresis
Principle:
Facts:
In their answer, the spouses Ramirez denied the material allegations of the
petition, they based their claim to the land on two deeds of sale allegedly
executed on April 15, 1937 and April 23, 1937 which they allegedly found
accidentally in March 1960.
The Court of Appeals found out that petitioner spouses possessed the said
land merely as antichretic creditors as security for a loan contracted to by the
respondents.
However, petitioners avered that they have been living in the land in dispute
since 1938, therefore prescription applies.
Issue:
Ruling:
No.
The Supreme Court ruled since the petitioners have admitted to the fact that
they have been in possession of the land when the respondents mortgaged it
to them for 400.00, such fact establishes that they are “antichretic creditors”.