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G.R. No. L-10027

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  • he afterwards transferred to Alejandro Montelibano

  • spouses, Pedro Hernaez and Juana Espinosa, died, leaving several legitimate descendants. Neither of their estates had been divided

  • heir son, Domingo Hernaez y Espinosa, sold all his interest in both his father's and mother's estate to his son, Vicente Hernaez y Tuason

  • Notwithstanding the fact that Domingo Hernaez y Espinosa had thus parted with all his interest in the estates of his two parents, he executed a document of sale in favor of Alejandro Montelibano y Ramos

  • in which he purported to convey all his undivided interest in his mother's estate.

  • he executed another document of sale in which he purported to convey to Jose Montelibano Uy-Cana four-eighteenths of his interest in his mother's estate.

  • Both of these sales were made with the connivance of his son, Vicente

  • although Vicente

  • had actually purchased all of his father's interests in the estates

  • and was

  • the undoubted owner thereof, he is effectually estopped from asserting his title as against either of the vendees mentioned in the documents of sale

  • Jose Montelibano Uy-Cana sold his interest in the estate to Alejandro Montelibano y Ramos. By this transfer, the latter stood owner of all the interest of Domingo Hernaez

  • in the estate of Pedro Hernaez, and five-eighteenths of his interest in the estate of Juana Espinosa as against Vicente Hernaez

  • Rosendo Hernaez

  • another son of

  • was notified of Montelibano's purchases

  • when he received notice of Montelibano's motion, entered in the administration proceedings, asking that he (Montelibano) be substituted as assignee of the interests of various heirs of the estate which he had acquired by purchase.

  • Notwithstanding this knowledge, Rosendo Hernaez

  • entered into a contract of sale with Vicente Hernaez

  • whereby the latter purported to convey all the interest, which he had acquired from his father, in the estate of the deceased spouses, Pedro Hernaez and Juana Espinosa.

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