The parties litigant in both cases, desiring to terminate the suits pending between them, have arrived at an understanding for the settlement of their differences and, with this end in view, have stipulated and have obligated themselves to comply with and to respect the following clauses: 7527 on the docket of the Court of First Instance of the said city and is now in the process of trial.Ĥ. Candido Centenera and Rita Garchitorena, in turn, instituted in Manila a civil suit against Juan Garcia, which bears No. Juan Garcia y Palicio requested and obtained from the Court of First Instance of Camarines a writ of attachment against other property of the defendants to cover the payment of the balance of the amount awarded in the judgment, which could not be paid out of the proceeds of the mortgaged property, and the said attachment was levied and now lies against the following property.
Notwithstanding the appeal the judgment was executed and by virtue thereof the mortgaged property was sold at public auction and awarded in the following manner to Juan Garcia, the judgment debtor and highest bidder.Ģ. The defendants appealed from the said judgment to the Philippine Supreme Court and the said case is now on appeal. In the civil suit aforesaid judgment was rendered whereby the defendants were sentenced to pay P24,538, together with interest thereon at the rate of 10 per cent per annum for January 11, 1911. 1123 of the Court of First Instance of Ambos Camarines, foreclosed a certain mortgage executed by Candido Centenera and Rita Garchitorena in certain public instruments of April 27, 1907, September 24, 1907, and August 1, 1908, the last of which was legalized by the notary of Manila, Enrique Barrera, and specifically mentioned the two preceding instruments. Juan Garcia Palicio, through a civil action, No. The more important clauses of this instrument are as follows:ġ. Thereafter, on October 18, 1911, the parties executed a written agreement whereby they sought to compromise and settle the various matters in dispute between them. Judgment of foreclosure was rendered in favor of Garcia, but notwithstanding the fact that an appeal from that judgment was duly perfected, the mortgaged properly was sold under execution to Garcia, the mortgage creditor, for the sum of P18,000, leaving an unsatisfied balance due him of P6,000. Defendant and appellee, after entering a general denial of the allegations of the complaint, alleges by way of special defense that the instrument evidencing the contract relied upon by the plaintiff does not contain the true terms and conditions of the agreement entered into between them.Ĭentenera, the plaintiff and appellant, was the defendant in foreclosure proceedings instituted by Garcia, the defendant and appellee in this action, upon a mortgage of certain real estate in the Province of Ambos Camarines. Plaintiff and appellant in this case prays for the specific performance of a contract for the sale of the land described in his complaint.
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