[ G.R. No. 4156. December 09, 1909 ]

[ G.R. No. 4156. December 09, 1909 ]

G.R. No. 4156

[ G.R. No. 4156. December 09, 1909 ]

FLAVIA PARADO ET AL., PLAINTIFFS AND APPELLES, VS. VICENTE PARADO, DEFENDANT AND APPELLANT.

D E C I S I O N

Plaintiffs claimed an undivided one-half of certain lands, on the ground that they were the only heirs, and their claim was allowed. The evidence, however, discloses that the defendant also has an undivided one-half interest in the lands. Held: That plaintiffs are the owners of an undivided one-half interest, but are not entitled to judgment for possession as against defendant until a lawful partition is made and judgment so modified.

Per Carson, J.