Montelibano, et al., v. Bacolod Murcia Milling, Co.

Facts: The sugar of A and B were stored together in one single mass without
separation or identifi cation in a warehouse. A made withdrawals of sugar without
express statement as to whose sugar was being withdrawn, whether his or Bs.
Issue: Is there legal basis for Bs contention that as the taking of the sugar was
without his consent, and that of A with As consent, all that remained is Bs?
Ruling: No. As the mass of sugar in the warehouse was owned in common, and as
it is not possible to determine whose sugar was withdrawn and whose was not, the
mass remaining must pertain to the original owners in the proportion of the original
amounts owned by each of them.