The plaintiffs prayed that the deed of Assignment of Right to Inheritance he

The plaintiffs prayed that the deed of assignment of

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that the same purported to assign in favor of Maximino their rights to inheritance from Mateo Carantes. The plaintiffs prayed that the deed of "Assignment of Right to Inheritance" he declared null and void; that Lots Nos. 44-D and 44-E covered by T.C.T. No. T-99 be ordered partitioned into six (6) equal shares and the defendant Maximino Carantes be accordingly ordered to execute the necessary deeds of conveyance in favor of the other distributees; and that the said defendant he ordered to pay the plaintiffs the sum of P1,000 as attorney’s fees and the sum of P200 as costs of suit.chanrobles.com:cralaw:red On September 10, 1958 the defendants filed a motion to dismiss on the grounds (1) that the plaintiffs’ cause of action is barred by the statute of limitations because the deed of assignment was recorded in the Registry of Property at the latest on February 21, 1947, hence, plaintiffs’ cause of action accrued from the said date, and since pursuant to article 1144 of the new Civil Code an action based on a written contract must be brought within ten years from the time the right of action accrues, plaintiffs’ right to file the complaint had already prescribed on September 4, 1958; and (2) that the complaint states no cause of action because ownership over the property became vested in Maximino Carantes by acquisitive prescription ten years from its registration in his name on February 21, 1947. In an Order dated September 30, 1958, the trial court denied the motion to dismiss on the grounds that there are allegations of co-ownership and trust in the complaint, and, therefore, prescription did not lie, and that the complaint alleges that the plaintiffs discovered the alleged fraud only in February, 1958. In their answer filed on October 7, 1958, the defendants traversed the material averments of the complaint and alleged inter alia that the property of the deceased Mateo Carantes and his wife had been divided and distributed among their six children; that the deed of "Assignment of Right to Inheritance" was an acknowledgment of the fact of designation of the property therein described as specifically pertaining or belonging by right of inheritance to the defendant Maximino Carantes; that there was never any agreement between the assignors and the assignee authorizing the latter to merely represent his co-heirs in negotiations with the Government, and that the assignors knew fully well that the deed of assignment contained what, on its face, it represented. By way of special defenses, the defendants alleged that any supposed agreement between the plaintiffs and/or their predecessors-in-interest and the defendant Maximino Carantes, other than the deed of assignment, is barred by the statute of frauds and is null and void because not in writing, much less, in a public instrument; that the only agreement between the parties is what appears in the deed of assignment; that the plaintiffs’ right of action has already prescribed; that the defendant Maximino Carantes acquired absolute ownership over the property in question by acquisitive prescription and registration; and that any obligation on the part of the defendants in relation to the property had been discharged by novation, condonation and compensation. The defendants set up the counterclaim that in the event the rights of the heirs are disturbed, the produce from the lands
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