G.R. No. 1057. March 15, 1904

The only question in this case is whether the plaintiff is entitled
to recover the possession of a piece of land which was sold to him
under an agreement to repurchase in the year 1892, the land not having
been repurchased in the period of one year from the date of the
contract, it having been stipulated that the lapse of this term without
the exercise of the right to repurchase would convert the sale into an
absolute and irrevocable conveyance. In his answer the defendant
alleged that he had repaid the 168 pesos mentioned in the deed as the
purchase price received by him.

In the decision of the court below we find the following finding: ”
The defendant has not paid to the plaintiff the sum of 168 pesos or any
part thereof.” This finding having been made, and there being no motion
for a new one, for the purpose of this appeal we must assume that the
purchase price was not returned and consequently that the right to
demand the reconveyance was not exercised within the term stipulated.

This being so, the effect of the nonperformance of the subsequent
condition attached to the sale, to wit, ” but if the said period should
expire without the exercise of the right of redemption, this sale shall
become absolute,” was to vest the fee absolutely in the plaintiff, and
consequently he was entitled to recover his property, and such was the
decision of the court below.

The judgment appealed is therefore affirmed, with the costs of this instance against the appellant. So ordered.

Torres, Cooper, Willard, Mapa, and McDonough, JJ., concur.

Johnson, J., did not sit in this case.