This case has been cited 1 times or more.
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2000-03-28 |
KAPUNAN, J. |
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| Parties to a partition proceeding, who elected to take under partition, and who took possession of the portion allotted to them, are estopped to question title to portion allotted to another party.[35] A person cannot claim both under and against the same instrument.[36] In other words, they accepted the lands awarded them by its provisions, and they cannot accept the decree in part, and repudiate it in part. They must accept all or none.[37] Parties who had received the property assigned to them are precluded from subsequently attacking its validity of any part of it.[38] Here, respondents, by themselves and/or through their predecessors-in-interest, already occupied of the lots in accordance with the sketch plan. This occupation continued until this action was filed. They cannot now be heard to question the possession and ownership of the other co-owners who took exclusive possession of Lot 1639-D also in accordance with the sketch plan. | |||||