This action was brought to recover plaintiff's combined 3/4 share in a parcel of land sold to defendant by Deogracias Evangelista plaintiff co-owner. The case was submitted upon the following agreed statement of facts:
1. That Casimiro Evangelista is a registered owner of a parcel of land (homestead) as evidenced by Original Certificate of Title No. 4905, of the register of deeds of Nueva Ecija, consisting of 7.0652 hectares more or less situated at Valdefuente, Cabanatuan, Nueva Ecija;
2. That Casimiro Evangelista was married to Leonida Mari plaintiff herein on February 7, 1920 at Rizal Nueva Ecija and during their marriage and while living together as spouses they begot two children Caridad and Deogracias Evangelista all surnamed Evangelista;
3. That Casimiro Evangelista died intestate on or about 1938 at Platero, Cabanatuan Nueva Ecija;
4. That the property in litigation was acquired on January 23, 1935 as per original certificate of title No. 49055 homestead patent;
5. That on January 10, 1944 Deogracias Evangelista alleging to be the only heir of Casimiro Evangelista executed a declaration of heirship known as Doc. No. 9, Page 30 Book No. 18, of Notary Public Carlos M. Ferrer herein incorporated and made a part of these agreement of facts as Exhibit A for the sum of P2,400 the said Deogracias Evangelista sold on the same date January 10, 1944 the property in question to the defendants spouses, Isaac Bonilla and Silvina Ordañez in Doc. 10, Page No. 31 Book No. 18, series of 1944 of Notary Public Carlos M. Ferrer incorporated and attached herein as Exhibit B, as part of this agreement;
6. That the certificate of marriage of Casimiro Evangelista and Leonida Mari and Herein attached as Exhibit C and made a part of this agreement;
7. That after the said sale on January 10, 1944 original certificate of title No. 4905 was cancelled and in lieu thereof transfer certificate of title No. 19991 was issued in the spouses Isaac Bonilla and Silvina Ordañez;
8. That after the sale the defendant assumed possession of the lands and the harvest for the year 1944-1945 was seventeen cavanes, (17) and at present the land was planted with palay (1 hectare), sugar cane (¹/3 hectare ), and camoting kahoy, (¹/3 hectare included in the ¹/3 planted with sugar cane), now still in the possession of the defendant.
9. That the defendant begun to live in Platero, Cabanatuan Nueva Ecija on March 1938 and that the plaintiff lived in Platero, Cabanatuan Nueva Ecija since the year 1920; up to the present time;
10. That the defendant did not know that Leonida Mari is the mother of Deogracias Evangelista at the time when he bought the land as Deogracias Evangelista was living with his grandfather, Matias Evangelista and that Caridad Evangelista was living with her mother Leonida Mari;
11. That the attorney for the plaintiff reserve the right to present a memorandum discussing the legal point of these agreement of facts within 3 days from date of these agreement and the defendants counsel will answer the same within 3 days, after receipt of the plaintiff's memorandum.
