[G.R. No. 8147. October 26, 1914. ]
G. URRUTIA & CO., Plaintiff-Appellant, v. AMALIA MORENO and LEON REYES, sheriff of Ambos Camarines, Defendants-Appellees.
Rafael de la Sierra, for Appellant.
Robert E. Manly, for appellee Amalia Moreno.
No appearance for the other appellee.
1. SUBROGATION; RIGHT OF SURETY TO REDEEM LAND SOLD ON EXECUTION. — Where a judgment has been obtained jointly against a principal and his surety and real estate of the principal has been sold under execution issued upon said judgment and the surety, in order to avoid the sale of his own property, steps forward and pays the judgment, he does not thereby become entitled, under section 464 of the Code of Civil Procedure, to redeem the lands of the principal sold under execution.
2. EXECUTION SALE; PERSONS ENTITLED TO REDEEM. — The only persons who are entitled to redeem real estate sold under execution are the judgment debtor, or his successor in interest in the whole or any part of the property, and a creditor having a lien by attachment, judgment, or mortgage on the property sold or on some part thereof, subsequent to that under which the property was sold.
D E C I S I O N
This case comes before us upon an agreed statement of facts, as follows:jgc:chanrobles.com.ph
"1. Mendezona & Co., a partnership, in liquidation, obtained a judgment on a bond in the Court of First Instance of Manila in civil cause No. 3326 against Mariano Moreno, as principal, and against Amalia Moreno, Camilo Moreno, and Rafael Serra, as sureties, for the sum of P18,154.24, with interest at 6 per cent per annum from the 11th day February, 1905; together with costs. Mendezona & Co. on the 2d day of July, 1908, by an instrument in writing, sold and transferred said judgment to G. Urrutia & Co.
"2. On the 1st day of July, 1908, the sheriff sold under execution issued upon the judgment described in the preceding paragraph one house belonging to Mariano Moreno, described in the first paragraph of the complaint, to Mendezona & Co. for the sum of P2,500. At the same time and under the same execution the sheriff sold seven parcels of land belonging to said Mariano Moreno, described in the second paragraph of the complaint, to said Mendezona & Co. for the various sums stated in the complaint, amounting in all to P2,710. Under the same execution there were also sold other lands belonging to Mariano Moreno and to his sureties, among them lands belonging to Amalia Moreno, those belonging to the latter selling for P5,250.
"3. The clerk of the Court of First Instance of Manila on the 24th of June, 1908, issued an execution upon a judgment in civil cause No. 4905 in an action entitled G. Urrutia & Co. v. Mariano Moreno, said judgment being for the sum of P27,185.90, with interest from the 31st of July, 1906, at 9