SECOND DIVISION
[G.R. No. 39008. December 12, 1933. ]
NIEVES E. SAÑGA, Plaintiff-Appellee, v. SEGUNDO ZABALLERO and FILOMENA SANTOS, Defendants-Appellants.
Vicente Constantino for Appellants.
Ramirez & Ortigas and Manuel P. Barcelona for Appellee.
SYLLABUS
1. MORTGAGES, FORECLOSURE OF; PAYMENT BY INSTALLMENTS; CODE OF CIVIL PROCEDURE, SECTION 259 CONSTRUED. — Section 259 of the Code of Civil Procedure regulates fully the proceedings in cases where the mortgage debt is payable in installments.
2. ID.; ID.; ID. — Where the secured debt is payable in installments, default in the payment of any installment gives the mortgagee a right to foreclose as to such installments without waiting for the maturity of the whole debt.
3. ID.; ID.; ID. — As often as more of the debt becomes due for principal or interest, the court may, on motion, order more property to be sold.
4. SALES; FRAUD OF MUTUAL MISTAKE; ESTOPPEL. — Where the means of knowledge are at hand and equally available to both parties, the buyer will not be heard to say that he has been deceived.
5. ID.; ID.; ID. — If any act is done by the complaining party after discovering the alleged fraud or mutual toward carrying out the contract, it shows an irrevocable election to abide by the contract.
2. ID.; ID.; ID. — Where the secured debt is payable in installments, default in the payment of any installment gives the mortgagee a right to foreclose as to such installments without waiting for the maturity of the whole debt.
3. ID.; ID.; ID. — As often as more of the debt becomes due for principal or interest, the court may, on motion, order more property to be sold.
4. SALES; FRAUD OF MUTUAL MISTAKE; ESTOPPEL. — Where the means of knowledge are at hand and equally available to both parties, the buyer will not be heard to say that he has been deceived.
5. ID.; ID.; ID. — If any act is done by the complaining party after discovering the alleged fraud or mutual toward carrying out the contract, it shows an irrevocable election to abide by the contract.
D E C I S I O N
MALCOLM, J.:
Appealing from the adverse judgment of the Court of First Instance of Tayabas:jgc:chanrobles.com.ph
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