| |
| | G.R. No. 5343 (Site not responding. Last check: 2007-10-01) |
 | | Section 183 of the same code also prescribes: "The complaint in an action for partition shall set forth the nature and extent of the plaintiff's title and contain an adequate description of the real estate of which partition is demanded, and name each tenant in common, coparcener, or other person interested therein, as defendants." |
 | | A mere affirmation without proofs is insufficient, since the defendant party, representing the four daughters of the deceased Pedro Barte, absolutely denied all the allegations of the complaint. |
 | | The testimony of the defendant to the effect that she only had a share in the lands of Mandaue, but not in those situated in Tabogon, is worthy of serious consideration, although she positively affirmed that those situated in Bogo belonged to her husband and to herself. |
| www.lawphil.net /judjuris/juri1910/sep1910/gr_5343_1910.html (648 words) |
|