5. G.R. No. L-41643 July 31, 1935 B.H. BERKENKOTTER, plaintiff-appellant, vs. CU UNJIENG E HIJOS, YEK TONG LIN FIRE AND MARINE INSURANCE COMPANY, MABALACAT SUGAR COMPANY and THE PROVINCE SHERIFF OF PAMPANGA, defendants-appellees. Facts: Mabalacat Sugar Co., Inc., owner of the sugar central in Mabalacat, Pampanga, obtained from Cu Unjieng e Hijos, a loan secured by a first mortgage constituted on two parcels and land "with all its buildings, improvements, sugar-cane mill, steel railway, telephone line, apparatus, utensils and whatever forms part or is necessary complement of said sugar-cane mill, steel railway, telephone line, now existing or that may in the future exist is said lots." Shortly after said mortgage had been constituted, the Mabalacat Sugar Co., Inc., bought additional machinery and equipment to increase the capacity B.A. Green, its president, proposed to B.H. Berkenkotter, to advance the necessary amount for the purchase of said machinery and equipment, promising to
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