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    Garcia de Lara Vs Gonzales de Lara Digest

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    Severina Buan
    This document summarizes a court case from 1903 regarding the partition of inherited land. The plaintiff sued for partition of an undivided half interest in land that was inherited, but the court refused because the other half interests were not disclosed. The issue was whether all persons interested in the land must be made parties to the partition suit. The court held that according to Section 183, all persons interested must be made parties in order to make the case effectual and avoid future suits challenging the partition. Not making all interested parties would deprive purchasers of land titles and confuse inheritance arrangements.

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    Garcia de Lara Vs Gonzales de Lara Digest

    Uploaded by

    Severina Buan
    96 views2 pages
    This document summarizes a court case from 1903 regarding the partition of inherited land. The plaintiff sued for partition of an undivided half interest in land that was inherited, but the court refused because the other half interests were not disclosed. The issue was whether all persons interested in the land must be made parties to the partition suit. The court held that according to Section 183, all persons interested must be made parties in order to make the case effectual and avoid future suits challenging the partition. Not making all interested parties would deprive purchasers of land titles and confuse inheritance arrangements.

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    Garcia De Lara vs Gonzales De Lara Digest

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    This document summarizes a court case from 1903 regarding the partition of inherited land. The plaintiff sued for partition of an undivided half interest in land that was inherited, but the court refused because the other half interests were not disclosed. The issue was whether all persons interested in the land must be made parties to the partition suit. The court held that according to Section 183, all persons interested must be made parties in order to make the case effectual and avoid future suits challenging the partition. Not making all interested parties would deprive purchasers of land titles and confuse inheritance arrangements.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    96 views2 pages

    Garcia de Lara Vs Gonzales de Lara Digest

    Uploaded by

    Severina Buan
    This document summarizes a court case from 1903 regarding the partition of inherited land. The plaintiff sued for partition of an undivided half interest in land that was inherited, but the court refused because the other half interests were not disclosed. The issue was whether all persons interested in the land must be made parties to the partition suit. The court held that according to Section 183, all persons interested must be made parties in order to make the case effectual and avoid future suits challenging the partition. Not making all interested parties would deprive purchasers of land titles and confuse inheritance arrangements.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    GARCIA DE LARA V.

    GONZALES DE LARA
    G.R. NO. 1111, MAY 16, 1903

    FACTS:
    This is an appeal by the plaintiff from a judgment of the Court of First Instance, brought here by
    bill of exceptions which purports to have been prepared under section 143 of the Code of Civil Procedure
    of 1901, but which in reality bears a very small resemblance to a bill of exceptions properly prepared
    under the Code. The suit was an action for the partition of a tract of land, being the undivided half of the
    hacienda de Angono, situated in the Province of Rizal, and which the plaintiff and defendants in the suit
    had inherited from their deceased father, Don Eugenio Gonzales de Lara; that Eugenio Gonzales de Lara
    had acquired this undivided half interest by purchase from Doña Dominga Santa Ana; that the court
    refused to partition the Land because the tract sought to be partitioned was itself an undivided interest, the
    other half being owned by parties the names of whom are not disclosed in the record; that the court
    declined to make the partition on the ground that the demarcation and boundaries of the land sought to be
    partitioned had not been set forth in the partition, and by reason of the interest which is sought to be
    partitioned being an undivided interest.

    ISSUE:
    Whether or not persons interested in the land shall be made parties to a partition suit to render the
    case effectual

    HELD:
    Yes. Section 183 requires that all persons interested in the land sought to be partitioned must be
    made a party to the suit. If the land sought to be partitioned was an undivided interest held by the father of
    the plaintiffs and defendants, in order to comply with the requirements of the statute those who were
    interested in the other half interest should have been made parties to the suit. The Code provides that if,
    upon trial in a partition suit, the court finds that the plaintiff has a legal right to any part of such estate, it
    shall order partition thereof in favor of the plaintiff, among all parties in interest, and if the parties to the
    suit are not able to agree amongst themselves to the making of partition, the court shall appoint three
    commissioners to make the partition and set off to the plaintiff and each party in interest such part and
    proportion of the estate as the court shall order. When it is made to appear to the commissioners that the
    estate, or a portion thereof, can not be divided without great inconvenience to the parties interested, the
    court may order it assigned to one of the parties, provided he pays to the other party such sum of money
    as the commissioners judge equitable. But if no one of the parties interested will take such assignment
    and pay such sum, the court shall order the commissioners to sell such estate at public or private sale.
    Where the estate can not be divided, the court may direct the sale of the property at public or private sale.
    At this public or private sale third parties may become the purchasers.
    A suit brought by the persons interested who were not made parties to the suit, and who are not
    bound by the partition proceedings, would deprive such purchaser of the title to the land acquired at
    public sale under the judgment of a court. Both the purchaser at such sale and the heirs who had received
    their specific portion by metes and bounds, or the heirs who had compensated the other heirs by the
    payment of the value of the land, by reason of land not being divisible, could be deprived of the rights
    which they had acquired under the proceedings. This could not only create confusion and inconvenience
    but the time of the court would have been uselessly consumed in the proceedings thus rendered
    ineffectual, at the suit of the persons who were not made parties to the action. Such result is avoided by
    the provision of the statute which requires each tenant in common, coparcener, or other person interested
    in the land to be made a party to the suit.

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