Scribd Logo
Încărcați

Bine ați venit la Scribd!

  • Compuesto - de Los Reyes v. CFI

    Încărcat de

    Jiselle Compuesto
    14 vizualizări1 pagină
    De Los Reyes and his wife filed a collection suit against the husband and wife. The lower court granted an attachment of the spouses' unmortgaged property. The spouses seek to quash the order. The affidavit clearly shows that the mortgaged property is insufficient to cover the debt.

    Descriere originală:

    Titlu original

    Compuesto_De Los Reyes v. CFI

    Drepturi de autor

    © Attribution Non-Commercial (BY-NC)

    Formate disponibile

    DOC, PDF, TXT sau citiți online pe Scribd

    Vi se pare util acest document?

    Este necorespunzător acest conținut?

    Raportați acest document
    De Los Reyes and his wife filed a collection suit against the husband and wife. The lower court granted an attachment of the spouses' unmortgaged property. The spouses seek to quash the order. The affidavit clearly shows that the mortgaged property is insufficient to cover the debt.

    Drepturi de autor:

    Attribution Non-Commercial (BY-NC)
    Descărcați ca DOC, PDF, TXT sau citiți online pe Scribd
    Indicator pentru conținut neadecvat
    14 vizualizări1 pagină

    Compuesto - de Los Reyes v. CFI

    Încărcat de

    Jiselle Compuesto
    De Los Reyes and his wife filed a collection suit against the husband and wife. The lower court granted an attachment of the spouses' unmortgaged property. The spouses seek to quash the order. The affidavit clearly shows that the mortgaged property is insufficient to cover the debt.

    Drepturi de autor:

    Attribution Non-Commercial (BY-NC)
    Descărcați ca DOC, PDF, TXT sau citiți online pe Scribd
    Indicator pentru conținut neadecvat
    din 1

    De Los Reyes v.

    CFI (1930) Facts: Chua Pua Hermanos filed a collection suit against Benito de los Reyes and his wife. The lower court granted an attachment of the spouses unmortgaged property because the mortgaged property is insufficient to cover the debts. The spouses seek to quash the order. Issue: Whether in a proceeding to foreclose a mortgage upon land, the court entertaining such proceeding can issue an attachment against other property of the defendants than such as is included in the mortgage, upon a showing, by affidavit, that the mortgage property is insufficient to pay the mortgage debt and that the defendants are attempting to alienate their unmortgaged property to other persons with intent to defraud the plaintiff. Held: Yes. The affidavit clearly shows that the mortgaged property is insufficient to cover the debt and that there is an attempt to alienate other unmortgaged properties with intent to defraud the creditor. Such are in conformity with subsection 5 of section 412 and section 426 of the Code of Civil Procedure. An attachment may be obtained after an action has been commenced under Sec. 242. The word "action," as used in this provision includes a proceeding for the foreclosure of a mortgage. This is of course directed primarily to the property covered by the mortgage, but under section 260 of the Code of Civil Procedure, the mortgage creditor is entitled to judgment for any excess remaining due upon the mortgage debt after the mortgaged property shall have been sold; and this judgment for the balance due is entered upon motion in the foreclosure proceeding itself. This fact, taken in connection with the statement of the affidavit to the effect that the mortgaged property was insufficient in value to cover the indebtedness due to the plaintiff, made a case where it was proper to grant an attachment upon the facts stated. Doctrine/s: The court may attach properties not subject of the mortgage if the mortgaged property is insufficient. Dispositive: Petition dismissed. Digested by: Compuesto

    SpecPro Dela Cerna | 1

    S-ar putea să vă placă și