1. EXECUTIONS; SHERIFF’S SALE; REDEMPTION. — A redemption of property from an execution sale, which had been effected in behalf of a brother of the execution debtor, was attacked in this case as void because of a supposed collusive agreement between the redemptioner and the sheriff whereby the latter agreed to withhold the redemption money from the creditor and to return it to the redemptioner if the latter should finally succeed in establishing his title to the same property in other litigation. Upon examining the evidence this court affirms the judgment of the trial court declaring that the redemption had been made in good faith and in conformity with legal requirements.

2. STATUTES; INTERPRETATION; REDEMPTION; LAWS CONSTRUED FAVORABLY TO RIGHT OF REDEMPTION. — The doctrine stated in Enage v. Vda. e Hijos de F. Escano (38 Phil. Rep., 657), followed, to the effect that a liberal construction will be given to statutes governing the redemption of property, to the end that the property of the debtor may be made to satisfy as many liabilities as possible.

3. REDEMPTION; MEDIUM OF PAYMENT; CHECK. — A redemption of property sold under the execution is not rendered invalid by reason of the fact that the payment to the sheriff for the purpose of redemption is effected by means of a check for the amount due.

4. ID.; PRODUCTION OF DOCUMENTS TO PROVE RIGHT OF REDEMPTIONER. — A redemption is not rendered invalid by reason by reason of the fact that the sheriff receives the money without insisting upon the production of the documents specified in section 467 of the Code of Civil Procedure as necessary to prove the right of the redemptioner to effect redemption.

5. ID.; RIGHT OF SIMPLE JUDGMENT CREDITOR TO REDEEM. — Any ordinary creditor, or assignee of such, having a judgment subsequent to that under which property has been sold may redeem property from the prior sale.

In the year 1915 Julio Javellana, the plaintiff herein, recovered a judgment for the sum of P5,710.60, with interest, in the Court of First Instance of the Province of Iloilo against Maximino Mirasol and Eugenio Kilayco, and in order to satisfy the same an execution was in due time levied upon certain properties of Maximino Mirasol. On July 6, 1915, said properties were exposed to sale by the sheriff at public auction and were purchased by the judgment creditor, Julio Javellana, the highest bidder, for the sum of P5,920. Before the expiration of the period of one year allowed by law for the redemption of property sold under execution, or to be precise, on July 3, 1916, Alejandro Mirasol, a brother of Maximino Mirasol, acting in representation of another brother, Luis Mirasol, appeared before Geronimo Nuñez, deputy sheriff of the province aforesaid and, for the purpose of redeeming the properties in accordance with section 465 of the Code of Civil Procedure placed in the hands of said officer a check, drawn on the Bank of the Philippine Islands and payable to bearer, for the sum of P6,604.74.

In making this redemption it was represented to the deputy sheriff that Luis Mirasol was a redemptioner, or person entitled to redeem, within the meaning of section 464 of the Code of Civil Procedure; and in proof of this fact Alejandro Mirasol exhibited a document bearing date of April 4, 1916, executed by the president of the Bank of the Philippine Islands, transferring to Luis Mirasol two claims, amounting to several thousand pesos, which had been reduced to judgment by the bank against Maximino Mirasol. The consideration for the transfer of these judgments is stated in the document of transfer to be P6,150, paid to the bank by Luis Mirasol.

The right of Luis Mirasol to redeem the property was not questioned by the deputy sheriff, and the check presented by Alejandro Mirasol was accepted. At the same time a receipt was delivered to Alejandro Mirasol, signed by Geronimo Nuñez as deputy sheriff, acknowledging the receipt of the sum of P6,604.74, as a deposit for the purpose of redeeming the properties which had been sold as the property of Maximino Mirasol and purchased by the judgment creditor Julio Javellana. Of this amount the sum of P5,920 was stated to be the amount of the purchase price, the remainder being accrued interest.

The check which was delivered to. Geronimo Nuñez by Alejandro Mirasol upon the occasion of making this deposit was not immediately presented for payment to the bank upon which it was drawn but was delivered by that officer to his superior, the Honorable Amando Avanceña, at that time Governor of the Province of Iloilo, and ex officio sheriff. By him the check was retained until the expiration of his term of office, when it was turned over to his successor in office, the Honorable Gregorio Yulo. On December 13, 1916, the latter official presented the check to the bank upon which it was drawn and received payment.

Pursuant to the redemption thus effected, the deputy sheriff, Geronimo Nuñez, at the request of Luis Mirasol, on March 9, 1918, executed and delivered to the latter a public document purporting to convey to him all the right, title and interest in said property which had formerly been vested in Maximino Mirasol.

Julio Javellana, the original judgment creditor of Maximino Mirasol, and purchaser of the properties which had been sold’ as aforesaid, considering himself aggrieved by the redemption thereof, appeared in the Court of First Instance of the Province of Iloilo, on April 11, 1918, and filed the original complaint herein, attacking said redemption as irregular and unauthorized in point of law and as fraudulent, or simulated, in point of fact, and praying that the document of March 9, 1918, executed by Geronimo Nuñez, and purporting to convey to Luis Mirasol the title to said property which had formerly been vested in Maximino Mirasol, be declared fraudulent and void, and that said instrument be cancelled by order of the court. The plaintiff further asked that the sheriff be required to issue to the plaintiff, as purchaser, a deed of conveyance of said property of a definitive character, as contemplated in section 466 of the Code of Civil Procedure.

The defendants having answered, the cause came on to be heard in due course; and his Honor, Judge L. M. Southworth, presiding in the Court of First Instance of Iloilo, held that the redemption had been effected in good faith and in accordance with the requirements of law. Judgment was accordingly entered on October 7, 1918, declaring Luis Mirasol to be the owner of the properties in question and absolving the defendants from the complaint, with costs. From this judgment the plaintiff, Julio Avellana, appealed.

The most formidable question in the case is one of fact, namely, whether the deposit made on July 3, 1916, by Alejandro Mirasol, when he placed a check for P6,604.74 in the hands of Geronimo Nuñez, was in fact an absolute and unconditional payment in good faith made for the purpose o