SpecPro Digest Midterm

SALINAS VS TUASON AND ROMAN 1931 [TRUSTEE 4]

Facts:
Mar 26 28: PFs - commenced an action to recover the sum of
P30k with interest at 10% per annum from Nov 4 18
PFs residents of Spain, represented by the Consul in Phils
- alleged:
1] heirs of Francisco Salinas, who died in Spain
[1911]
2] amount of P30k which they claimed from
DFs was the proceeds from the sale of 2 parcels of land
[Nueva]
3] lands belonged to Francisco, who had been a
resident of the Phils
4] lands administered by Jose, a Spaniard, resident
& who died in Manila [May 2, 20]
5] Moreno sold the same for P30k but did not gave
the same to the principal or his heirs
6] sum passed to the heirs of Moreno, DFs herein,
who also refused to account to the PFs
DFs denied generally and specifically the allegations stating
that the amount has been paid to the heirs of his principal by
Moreno as an agent of Francisco
[t] they be absolved

JUDGE ruled that the PFs can recover P3, 491.60 from DFs after
deducting the expenses
FACTS
Francisco died in Spain on May 31 11
- 1900 appointed Teodision to administer his properties,
with express authority to appoint his successor
Apr 24 05: Teodisio appointed Jose for Francisco
Jose administered the prop and rendered accounts [from April
24 05-1911]
[but] from July 1911 to 1920 [time of his death] he did not
render accounts to Franciscos heirs
Moreno told the Spanish Consul that he will deliver the amount
of P2500 in his possession but pending the receipt Moreno died
Amount of P2500 was later on claimed by the heirs of Francisco
it was found out that 2 parcels of land were sold by Moreno, but
was paid in instalment after the payment of P5000 at the time of
the sale
vendee executed a mortgage on said lands to Jose for P25000
to secure the unpaid balance of the price
unpaid balance of P20, 000 was passed to the DFs in the
settlement of the estate of Moreno, and the same was paid long
before the commencement of the action