BONZON VS STANDARD OIL

BONZON VS STANDARD OIL
G.R. No. L-8851 March 16, 1914
Appeal
Carson, J.:
FACTS: The complaint appellees, in substance, that plaintiff purchased certain real estate at an execution sale, paying therefor the sum of P2,170 to the defendant sheriff, who turned over the purchase price to the defendant company, the execution creditor, at whose instance the sale was had; that thereafter, plaintiff having gone into possession of the land was evicted therefrom in judicial proceedings, wherein the court found that the land in question was the property of certain third parties, and that neither the judgment debtor nor the purchaser at the execution sale had any title thereto. The prayer of the complaint is for judgment against the judgment creditor and the sheriff for the amount of the purchase price paid at the execution sale.

ISSUE: Is there an irregularity the proceedings of the sale?

RULING: under the general principles tat one person may not enrich himself at the expense of another, a judgment creditor would not be permitted to retain the purchaser price of land sold as the property of the judgment debtor after it has been made to appear that the judgment debtor had no title to the land and that the purchaser had failed to secure title thereto, and we find no difficulty therefore in accepting a liberal construction of the statute which arrives at the same equitable result.The plaintiff's right to recovery from the judgment creditor not being predicated on the theory of an express or implied warranty of title, defendant's contentions based on the provisions of article 1481 of the code need not be considered at this time. If defendant was not given an opportunity to be heard in the eviction proceedings, it would seem that he can avail himself in the pending action of any defense which if set up in the former action would have relieved him from liability to reimburse the purchaser.

DECISION: reversing the order of the court below sustaining the demurrer to the complaint, and directing that the record be returned to the court below for further proceedings.
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