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    Yee vs. Stong Machinery Co

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    Jeff Santos
    1. The Coma!a #$r"co%a F"%""!a (C#F) bought rice-cleaning machines from Frank L. Strong Machinery Company (SMC) and executed a chattel mortgage to secure payment. 2. When CAF failed to pay, the property was sold by the sheriff and bought by SMC. SMC registered the mortgage and sale annotation. 3. CAF also executed a deed of sale of the land to SMC and a separate mortgage on the building to Leung Yee. Leung Yee bought the building at a sheriff's sale. 4. The RTC ruled in favor of SMC, finding

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    Yee vs. Stong Machinery Co

    Uploaded by

    Jeff Santos
    24 views1 page
    1. The Coma!a #$r"co%a F"%""!a (C#F) bought rice-cleaning machines from Frank L. Strong Machinery Company (SMC) and executed a chattel mortgage to secure payment. 2. When CAF failed to pay, the property was sold by the sheriff and bought by SMC. SMC registered the mortgage and sale annotation. 3. CAF also executed a deed of sale of the land to SMC and a separate mortgage on the building to Leung Yee. Leung Yee bought the building at a sheriff's sale. 4. The RTC ruled in favor of SMC, finding

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    1. The Coma!a #$r"co%a F"%""!a (C#F) bought rice-cleaning machines from Frank L. Strong Machinery Company (SMC) and executed a chattel mortgage to secure payment. 2. When CAF failed to pay, the property was sold by the sheriff and bought by SMC. SMC registered the mortgage and sale annotation. 3. CAF also executed a deed of sale of the land to SMC and a separate mortgage on the building to Leung Yee. Leung Yee bought the building at a sheriff's sale. 4. The RTC ruled in favor of SMC, finding

    Copyright:

    © All Rights Reserved
    Download as ODT, PDF, TXT or read online from Scribd
    Download as odt, pdf, or txt
    24 views1 page

    Yee vs. Stong Machinery Co

    Uploaded by

    Jeff Santos
    1. The Coma!a #$r"co%a F"%""!a (C#F) bought rice-cleaning machines from Frank L. Strong Machinery Company (SMC) and executed a chattel mortgage to secure payment. 2. When CAF failed to pay, the property was sold by the sheriff and bought by SMC. SMC registered the mortgage and sale annotation. 3. CAF also executed a deed of sale of the land to SMC and a separate mortgage on the building to Leung Yee. Leung Yee bought the building at a sheriff's sale. 4. The RTC ruled in favor of SMC, finding

    Copyright:

    © All Rights Reserved
    Download as ODT, PDF, TXT or read online from Scribd
    Download as odt, pdf, or txt
    of 1

    G.R. No.

    L -11658 (February 15, 1918)


    LEUNG YEE vs. FRANK L. STRONG MACHINERY COMPANY and J.G. WILLIAMSON
    Facts:
    The Coma!"a #$r"co%a F"%""!a (C#F) bou$ht r"ce-c%ea!"!$ mach"!es &rom 'tro!$
    (ach"!eryComa!y ('(C). These mach"!es )ere "!sta%%e* "! o!e o& the C#F+s bu"%*"!$s, )h"ch
    )as ma*eout o& stro!$ mater"a%s. # c h a t t e % mo r t $ a $ e )a s e , e c u t e * t o s e c u r e
    a y me ! t o & t h e u r c h a s e r " c e . T h e c h a t t e % mort$a$e "!c%u*e* the bu"%*"!$ a!*
    the mach"!es- the %a!* o! )h"ch "t stoo* )as !ot "!c%u*e*..he! C#F &a"%e* to ay the"r *ebt, the
    roerty )as so%* by the sher"/ a!* the same )as bou$htby '(C. The mor t $a$e )as
    re$" st ere* " ! t he chat t e% mor t $a$e re$" st r y a!* t he sa% e o& t he roerty to '(C
    )as a!!otate* o! the same re$"stry o! 0ecember 19, 1912. 3! 4a!uary 15, 1912, C#F e,ecute* a
    *ee* o& sa%e o& the %a!*, )here the bu"%*"!$ stoo*, to '(C. The sa%e )as "! the &orm o& a ub%"c
    "!strume!t, but the same )as !ot re$"stere*. '(C )e!t "!toossess"o! o& the bu"%*"!$ at or about
    the same t"me )he! the sa%e too6 %ace.#t or about t he same t " me )he! t he chat t e%
    mor t $a$e )as e,ecut e* " ! & a7or o& '(C, C#F e,ecute* a!other mort$a$e to here"!
    %a"!t"/ (Leu!$ 8ee) uo! the bu"%*"!$ to secure ayme!to& the ba%a!ce o& "ts "!*ebte*!ess. 9o!
    C#F+s &a"%ure to ay, Leu!$ 8ee secure* :u*$me!t &orthe amou!t a!* %e7"e* e,ecut"o! uo!
    the bu"%*"!$, bou$ht "t at the sher"/+s sa%e o! or about 0ec 18, 1915 a!* ha* t he
    sher " / + s cer t " ; cat e o& sa% e *u% y re$" st ere* " ! t he % a!* re$" st r y o& Ca7"te. #t
    t h e t " me o & t h e e ,e c u t " o ! , ' (C , )h o )a s " ! o s s e s s " o ! , ; % e * )" t h
    t h e s h e r " / a s )o r ! stateme!t sett"!$ u "ts c%a"m o& t"t%e a!* *ema!*"!$ the re%ease o& the
    roerty &rom the %e7y.#ccor*"!$%y, a! act"o! to reco7er ossess"o! o& the bu"%*"!$ )as ;%e* by
    Leu!$ 8ee. RTC ru%e* "!&a7or o& '(C o! the $rou!* that the coma!y ha* "ts t"t%e to the bu"%*"!$
    re$"stere* r"or to the*ate o& the re$"stry o& Leu!$ 8ee+s cert";cate. Thus, th"s aea%.
    <ssue: .ho has a better r"$ht to the roerty=
    Ru%"!$: RTC ru%"!$ "! &a7or o& '(C "s a>rme*- $rou!* mo*";e*.
    Rat"o 0ec"*e!*": The bu"%*"!$ ma*e out o& stro!$ mater"a%s "s rea% roerty. The mere &act that the
    art"es *ea%t )" t h " t as sear at e a!* aar t & rom t he % a!* ( or as er so!a%
    roer t y) *oes !ot cha!$e " t s character as rea% roerty. <! th"s case, "t &o%%o)s that
    !e"ther the or"$"!a% re$"stry "! the chatte% mort$a$e o& the bu"%*"!$ a!* the mach"!ery "!sta%%e*
    there"!, !or the a!!otat"o! "! the re$"stry o& the sa%e o& the mort$a$e* roerty ha* a!y %e$a%
    e/ect. ?o)e7er, s"!ce the &acts *"sc%ose that the urchase by Leu!$ 8ee a!* the
    "!scr"t"o! o! the sher"/+s cert";cate o& sa%e )ere !ot ma*e "! $oo* &a"th, "t must be he%* that
    '(C "s the o)!er o& the roerty ursua!t to the th"r* (2r*) ara$rah o& #rt"c%e 15@2 o& the NCC,
    ABshou%* there be !o e!try, the roerty sha%% be%o!$ to the erso! )ho ;rst too6 ossess"o! o& "t
    "! $oo* &a"th, a!*"! the abse!ce thereo&, to the erso! )ho rese!ts the o%*est t"t%e, ro7"*e*
    there "s $oo* &a"th.C

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