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.
SYLLABUS1. 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.
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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