[ G.R. No. 5207. November 26, 1909 ]

[ G.R. No. 5207. November 26, 1909 ]

G.R. No. 5207

[ G.R. No. 5207. November 26, 1909 ]

TOMAS BRIAGAS, PLAINTIFF AND APPELLANT, VS. PLACIDO BULAN AND APPELLANT, VS. PLACIDO BULAN AND PEDRO VARGAS, DEFENDANTS AND APPELLEES.

D E C I S I O N

MORELAND, J.:

RECOVERY OF REALTY; SALE, OR MORTGAGE; REFORMATION OF AGREEMENT. — From the Court of First Instance of Albay. Trent, J.

Action to recover realty and to reform a document of sale of said land executed by plaintiff in favor of defendant Bulan, Plaintiff alleged deceit in the execution of the document which he believed to be a mortgage deed and not an instrument of sale. Judgment for Defendants because of lack of proof by the plaintiff. Following Arenal vs. Barnes (8 Phil. Rep., 551), judgment affirmed.

Per Moreland, J. For appellant: Albert E. Samersille. For appellees: Domingo C. Diaz.