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Unformatted text preview: S vs. SALAS (MORA)
G.R. No. L42958; October 21, 1936
The action was brought by the plaintiff (C.N. Hodges) to foreclose a certain real estate mortgage constituted
by the defendants to secure a loan.
The defendants (Carlota Salas and Paz Salas) executed a power of attorney in favor of their brotherinlaw
Felix S. Yulo to enable him to obtain a loan and secure it with a mortgage on the real property described in
transfer certificate of title No. 3335. The power of attorney was registered in the registry of deeds of the
Province of Occidental Negros and the pertinent clauses thereof read as follows:
That we confer upon our brotherinlaw Mr. Felix S. Yulo, married, of age and resident of the municipality of
Bago, Province of Occidental Negros, P. I., as required by law, a special power of attorney to obtain, in our
respective names and representation, a loan in any amount which our said brotherinlaw may deem
necessary, being empowered, by virtue of the authority conferred in this power of attorney, to constitute a
mortgage on a parcel of land absolutely belonging to us
That we confer and grant to our said brotherinlaw Mr. Felix S. Yulo power and authority to perform and
execute each and every act necessary to the performance of his trust, which acts shall be for all purposes
as if we had performed or executed them personally, hereby ratifying and confirming everything that our said
brotherinlaw Mr. Felix S. Yulo may execute or cause to be executed.
Acting under said power of attorney, Felix S. Yulo, obtained a loan of P28,000 from the plaintiff, binding his
principals jointly and severally, to pay it within ten (10) years, together with interest thereon at 12 per cent
per annum payable annually in advance, to which effect he signed a promissory note for said amount and
executed a deed of mortgage of the real property described in transfer certificate of title No. 3335 and the
improvements thereon consisting in concrete buildings. It was stated in th...
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This document was uploaded on 03/11/2014.
- Fall '14