Miyerkules, Oktubre 5, 2011

Article 481

Some rules of procedure as Enunciated by American courts. The venve of the action is ddetermined by the situation or location of the premises, and not by the residence of the party. The process or notice should accurately describe the property and state in general terms the nature and extent of the plaintiff's claim. The suit cannot be brought in the name of the party for the use and benefits of another. Problems; A died intestate leaving in debts and noadministrator of the state. During lifetime, A executed an invalid mortgage with B. May the heirs of A bring an action to cancel the deed of mortgage because it is valid and a cloud on their title? the answer would be, yes where one dies in the manner set forth above, all the heirs of the decendent may jointly maintain an action to cancel a deed of their ancestor, upon the ground that it is illegal and voidand is cloud upon their title.

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