[ G.R. No. 4921. November 26, 1909 ]

[ G.R. No. 4921. November 26, 1909 ]

G.R. No. 4921

[ G.R. No. 4921. November 26, 1909 ]

SIMON MALAHACAN, AS ADMINISTRATOR OF THE GOODS, CHATTELS AND CREDITS OF GUILLERMA MARTINEZ, DECEASED, PLAINTIFF AND APPELLEE, VS. JOSEFA IGNACIO, PAULA IGNACIO, MACARIO IGNACIO AND AGUEDA BUÑAG, DEFENDANTS AND APPELLANTS.

D E C I S I O N

MORELAND, J.:

ESTATES; DENIAL OF APPOINTMENT OF ADMINISTRATOR; BURDEN OF PROOFS. — From the Court of First Instance of Marinduque, Powell, J.

Action by the administrator against the heirs to recover certain realty. Against the judgment for the plaintiff, defendants alleged in their assignment of error that plaintiff, failed to prove his appointment as administrator. The appointment being denied it was incumbent upon the plaintiff to prove it, but no evidence was offered. Following Craig vs. Leuterio (11 Phil. Rep., 44), judgment reversed and new trial ordered. Per Moreland, J. For appellant: M.P. Leuterio. For appellee: Agustin Alvarez.