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Lopez Vs Olbes
Lopez Vs Olbes
The defendant filed a demurrer in writing alleging that the plaintiffs, as the heirs or
donees could not maintain any suit against the testamentary executor to recover the
title or possession of the land so long as the court had not adjudicated the estate to
them or until the time allowed for paying the debts should have expired, unless they
be given possession of the said land by the executor. The trial court sustained the
demurrer of the defendant and dismissed the case.
Issue:
Whether or not the plaintiffs have the right of ownership and possession over the
parcel of hemp land?
Held:
Yes. The action exercised by Ricardo et al is based on the rights which as such
donees had acquired by virtue of the donation inter vivos made by Martina Lopez
during her lifetime on favor of plaintiffs by an instrument the donor, a donation
expressly accepted on the same date by the donees and of which acceptance the
donor was also informed on the same date; wherefore, these requirements of the law
having been complied with, it is unquestionable that the dominion over the land