Tavera-Luna, Inc., petitioner-appellant, vs. Judge Mariano Nable, respondent-appellee, G.R. No. 45601, April 14, 1939 [Supreme Court decisions]
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Part of The Lawyers Journal
- Title
- Tavera-Luna, Inc., petitioner-appellant, vs. Judge Mariano Nable, respondent-appellee, G.R. No. 45601, April 14, 1939 [Supreme Court decisions]
- Language
- English
- Source
- VIII (3) February 15, 1940
- Year
- 1940
- Subject
- Forcible entry and detainer
- Mandamus
- Property
- Actions and defenses (Law)
- Trial courts – Manila
- Appellate courts
- Philippines. Supreme Court
- Tavera-Luna, Inc.
- Nable, Mariano
- Rights
-
- Abstract
- An action of forcible entry and detainer instituted to recover possession, the defendant cannot defeat that action merely by asserting in his answer a claim of ownership in himself. The only exception to this rule is when the question of ownership is so necessarily involved that it would be impossible to decide the question of mere possession without first settling that of ownership.