Ecsay v. CA, 61 SCRA 369 Digest PDF
Ecsay v. CA, 61 SCRA 369 Digest PDF
Ecsay v. CA, 61 SCRA 369 Digest PDF
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61 SCRA 369
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FACTS: Emilio Ecsay mortgaged his property now in question to the PNB. e was not a!le to pay his
loan !e"ore he died in #$%&' thus the !an( "iled a "oreclosure suit against the estate o" the "ormer.
Sheet Music Pending the said suit' on #$)) an original contract was entered !etween the !an(' the administrator' and
*ose Ecsay' !rother o" Emilio where the latter assumed the mortgage inde!tedness o" his deceased
!rother. This was agreed to !y +agdalena widow o" Emilio' in her own !ehal" and as guardian o" their
children. ,hen it was disco-ered that the original contract "ailed to state the trans"er o" ownership o" the
properties in question' in consideration o" *oses assumption o" the mortgaged' a supplementary contract
was entered !y the parties which was appro-ed !y the pro!ate court ta(ing cogni/ance o" the estate o"
the deceased Emilio in #$)&.
Related titles0n #$&#' +agdalena and the other children "iled a complaint against the petitioner and the administrator
"or the reco-ery o" the ownership and possession o" the properties in question Petitioners contend that
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