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REYES,
ET
AL., plaintiffs-appellant,
vs.
FRANCISCA
CORDERO,
MARIA
CORDERO,
and
AMANDO
GATMAITAN, defendants-appellees.
G.R. No. L-14242, September 20, 1920, EN BANC
ARAULLO, J.:
NATURE: Action for partition
FACTS: The plaintiffs alleged that they and the defendants were
the descendants of the owner of said parcel of land, Leon Alfaro,
who died long ago; that upon his death, one of his daughter, Felipa
Alfaro, now deceased, mother of the defendants, succeeded him in
the possession thereof; and that said land was still undivided
property of the heirs. It was also alleged in the complaint that the
other defendant, Amando Gatmaitan, was made a party because
he was in possession of said land, claiming a supposed interest
adverse to that to the plaintiffs.
To the complaint a demurrer was presented by the defendant
Amando Gatmaitan on the grounds of misjoinder of parties in that
he was made a party defendant and that the facts alleged did not
constitute a cause of action as to him. After hearing, the court
sustained the demurrer, to which order the plaintiff excepted.
The plaintiffs not having amended their complaint within the time
fixed by the rules of court, the court dismissed the case as to
Amando Gatmaitan, to which action of the lower court the plaintiffs
also excepted and brought the case to this court on appeal by bill
of exceptions.
ISSUE: Whether the defendant Amando Gatmaitan, who is neither
a descendant of the deceased Leon Alfaro, nor a coheir or coowner
of the plaintiffs and the other two defendant, as to the land
described in the complaint, may be made a party to the suit for
partition instituted by the plaintiffs, or, in other words, whether his
joinder as a party defendant was proper.
HELD: The demurrer filed by said defendant to the complaint was
correctly sustained and the plaintiffs not having amended it within
the time fixed by the rules of court, the dismissal thereof as to said
defendant was proper.