VILLANUEVA V. FLORENDO 139 SCRA 329

Category: Civil Law Jurisprudence

FACTS:

Spouses Villanueva owned a parcel of land. The wife died, leaving the husband and the children. Without partition of the property, the father sold to his son and wife the lot. Co-owners wanted to redeem but the wife of brother alleged that the right of redemption doesn't lie against her as she is not the third person contemplated in law.

HELD:

The wife is wrong. She is one of those contemplated by law as being a third person. The right of redemption lies against her.

*Dissenting opinion: the right of redemption doesn't lie against her.