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Borja vs. Addison G.R. No.

L-18010 June 21, 1992

Facts: Eulolio Belisario executed in favor of Basilio Borja a deed of sale of two parcels of land in question, reserving the right to repurchase. That on March 30, 1917 Peter W. Addison purchased at the sheriffs sale under the execution in Civil Case No.4 99. that on June 4,1918 the possession was delivered by the provincial sheriff to Addison and sold under execution and was recorded in the registry, McClure executed a quiet-claim in favor of Addison. Issue: Whether or not Maximo Belisario the sole heir formed a partnership with his father after her mother died for the management and control of the community property? Held: In the absence of the formalities prescribed under Article 1667 and 1668 of the Civil Code, knowledge of the existence of the new partnership must at least be brought to third persons dealing with the surviving husband in order to bind them by the community agreement. In the case at bar there was no evidence to show that Borja had any notice of the fact that Maximo Belisario participated in the administration of the property or claim any rights or ownership. The order of the trial court ordering the registration of thesaid parcels of land in the name of Basilio Borja is affirmed.

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