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Issue: Won the parties intended to sell lot 535-A or lot 535-E.
Ruling:
- logic and common sense lean in favor of the defendants. When one
buys real property like a piece of land, one buys as he sees it, in its
actual setting and by its physical metes and bounds and not by the
mere lot number assigned to it in the certificate of title.
- Eulogio Atilano II was already in possession of lot 535-A even before
he acquired it by sale. He constructed a house therein where the
plaintiff heirs reside up to now. In the same way that Eulogio Atilano
I already had lot 535-E in his possession and even acquired the
property beside it.
- The real issue is not adverse possession but the intention of the
parties. From the facts and circumstances it can be seen that the
real intention was that the specific portion where the vendees are
residing, where they constructed the house, where the heirs still
reside be the one conveyed and that the designation in the deed
was a simple mistake in the drafting of the document.
- The mistake did not vitiate the consent of the parties. The remedy
here is reformation of the instrument. But in this case the sale
executed in the deed no longer needs to be reformed.
- The parties have retained possession of their respective properties
conformably to the real intention of the parties to that sale, and all
they should do is to execute mutual deeds of conveyance.