EN BANC
[G.R. No. 4501. April 12, 1909. ]
LA COMPAÑIA GENERAL DE TABACOS DE FILIPINAS, Plaintiff-Appellant, v. ROMANA GANSON, Defendant-Appellee.
Jose Ma. Arroyo, for Appellant.
Jose Felix Martinez, for Appellee.
SYLLABUS
1. JUDICIAL SALE OF LAND; OWNERSHIP OF GROWING CROPS. — Although the fruits are accessions to the land on which they exist, they are not to be understood as presumptively included in the sale of the land; it is a matter of construction of the contract and must be determined according to the evidence and the law.
2. ID.; CONTRACT. — A judicial sale is a contract and its object is that which, as such, is announced and inscribed in the record of the sale.
3. ID.; OWNERSHIP OF GROWING CROPS. — The fact that the corps on the land belonged to a third party and were planted with the consent of the owner under a contract of rental on shares, not having been denied, but proven at the trial of the case; the question as to the right of accession can not be determined, either in act or in law, without the intervention and appearance of the third party, owner of the crops.
4. ID.; ANNULMENT OF SALE; ERROR. — A contract of sale, whether judicial or extrajudicial, can not be annulled on account of error without sufficient proof of such error or of a reasonable basis for such error.
2. ID.; CONTRACT. — A judicial sale is a contract and its object is that which, as such, is announced and inscribed in the record of the sale.
3. ID.; OWNERSHIP OF GROWING CROPS. — The fact that the corps on the land belonged to a third party and were planted with the consent of the owner under a contract of rental on shares, not having been denied, but proven at the trial of the case; the question as to the right of accession can not be determined, either in act or in law, without the intervention and appearance of the third party, owner of the crops.
4. ID.; ANNULMENT OF SALE; ERROR. — A contract of sale, whether judicial or extrajudicial, can not be annulled on account of error without sufficient proof of such error or of a reasonable basis for such error.
D E C I S I O N
ARELLANO, C.J. :
On the 20th of July, 1906, the Court of First Instance of Occidental Negros ordered the sale of the property of Remana Ganson, mortgaged to the plaintiff, in order to effect payment of the sum of P58,687.03 and the interest agreed upon until the full payment was made, in addition to P1,500 for costs and expenses.
By reason of the foregoing order the sheriff, on the 6th of August, 1906, proceeded to levy upon the property of the debtor that had been mortgaged to the plaintiff, to recover the sum already stated; with regard to the Hacienda San Jose, it was attached in the following manner:
By reason of the foregoing order the sheriff, on the 6th of August, 1906, proceeded to levy upon the property of the debtor that had been mortgaged to the plaintiff, to recover the sum already stated; with regard to the Hacienda San Jose, it was attached in the following manner:
