MENDOZA V. KALAW (October 12, 1921)

FACTS:

Federico Cañet sold his land under a conditional sale to Primitivo Kalaw. Less than two months after, he sold it again to Agapito Mendoza under an absolute sale.

Mendoza took possession of the land and enclosed it with fence. Kalaw attempted to claim possession but Mendoza refused. Kalaw attempted to have his title registered in the registry of deeds but was denied by for the reason that there existed some defect in the description of the property, and that the title of the vendor had not therefore been registered. The register of deeds, however, did make a preventive annotation.

HELD:

The ruling should be in favor of Mendoza because even if he acquired the property subsequent to the conditional sale in favor of Kalaw, a conditional sale, before the performance of the condition, can hardly be said to be a sale of property, especially where the condition has not been performed or complied with.