G. R. No. 35746_47. May 28, 1934
JOSE M. KERR ET AL., APPLICANTS AND APPELLANTS,VS.INTESTATE ESTATE OF THE DECEASED ARTURO BERNIA ET AL.,OPPOSITORS AND APPELLEES.
J. STEVENS-ACTING CLERK OF COURT
the above-entitled cause submitted by both parties for decision, after
consideration thereof by the Court upon the record, its decision and
order for judgment having been filed on the 11th day of April, A. D.
nineteen hundred and thirty-four;
By virtue thereof it is hereby adjudged and decreed
that the judgment of the Court of First instance of pampanga, dated the
26th day of December, nineteen hundred and thirty, and from which the
above-entitled appeal was taken, be, and the same is hereby affirmed,
insofar as it adjudicates to the applicants Bernia Lots C, 4 and 5 of
the plan Exh. “B-Kerr”, which are equivalent to Lots 8, 9, 11, 12, 13,
14, 15 and 16 of Exh. “29-Bernia”, plan SWO-9233, Sheet No. 2; and Lot.
B of said Bxh. “B-Kerr”, plan psu-11330 And., SWO-7476 to the oppositor
Ignacio Dimson and his wife; and hereby modified insofar as it failed
to adjudicate Lot 6-A of the said Exh. “B-Kerr” which is equivalent to
Lot 18-a of Exh. “29-Bernia (plan SWO-9233, sheet No. 2) to said
Ignacio Dimson and his wife, adjudicating said lot 6-A or 18-a to said
oppositor Ignacio Dimson and his wife upon payment by them to the
appellants Kerr of their proportionate share in the expenses incurred
in the publication of the notices and other incidental expenses
incurred in the proceedings in case No. 584, G.L.R.O. Record no. 23476,
in conformity with the provisions of Act No. 3621 amending art. 37 of
Act No. 496. The right to apply in separate proceeding for the
registration in thei own name of that portion of Lot A, indicated in
said Exh. “B-Kerr”, plan psu-11330 Amd., SWO-No. 7476, situated North
and East of the aforementioned Lot 6-A’ or 18-a is hereby reserved to
the spouses Dimson. in all other respects the judgment appealed from is
hereby affirmed without special pronouncement as to costs.