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RTC to which the case was heard made the ff finding of facts:
- Jesusa Barriosa, legal administratix of the estate of
deceased Elorriaga, had been authorized to sell at
public auction the Lorcha .
- Luis Rivera bought the Lorcha at the auction but since
he was Spanish and could not register the vessel in his
own name, it became the property of Rivera & Watkins,
company in which Rivera was a member
- Upon dissolution of the partnership, Rivera took the
Lorcha was part of his share and kept the same until it
was attached and sold.
Proven facts:
The Lorcha, which is the subject of the case, was
formerly owned by Francisco Elorriaga. After Elorriaga’s
death, Jesusa Barriosa (his widow) solicited authority
from the RTC of Iloilo to sell all the personal property
pertaining to the inheritance, either in a public or
private sale, which was granted.
Jesusa Barriosa, as owner of ½ of the Lorcha and
judicial administratrix of the remaining portion on
behalf of the intestate estate of Elorriaga, sold the
same to Agustin Asesnsio for $1,800 (Mexican
currency).
- document evidencing this sale was at first rejected
but was acknowledged at trial by the purchaser, Asensio who
was asked “Is it not true that the lorcha was placed in your
name for the reason that you are an American citizen, and that
it was not placed in Rivera’s name because Rivera is not an
American citizen?" He answered: "No, sir; it was placed in my
name because I was the purchaser”