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Act No. 190 Section 194

Final judgment, its record and effect.

Section 194

SEC. 194. Final judgment, its record and effect. — The record of the final judgment in such action shall state definitely by metes and bounds and adequate description, the particular portion of the estate that is assigned to each party to the action if partition is made; if the whole estate is assigned to one of the parties upon his paying to the other party the sum ordered by the court, the record shall state the fact of such payment and of the assignment of the estate to the party making such payment. If the estate is sold and the sale is confirmed by the court, the record shall state the name of the purchaser or purchasers and a definite description of the parcels of the estate sold to each purchaser. A certified copy of the record of the judgment in either of the cases named in this section shall be recorded in the office of the register of deeds of the province in which the estate is situated. The expense of such record shall be taxed as a part of the costs of the action. If actual partition of the land is made, the effect of the judgment shall be to vest in each party to the action in severalty the portion of the estate assigned to him. If the whole estate is assigned to one of the parties upon his payment to the other party or parties of the sum ordered by the court, the effect of the judgment, upon such payment being made, shall be to vest in the party making the payment, in accordance with the order of the court, the fee of the whole estate free from any interest on the part of the other joint tenants, tenants in common, or coparceners. If the estate is sold, and the sale confirmed by the court, the effect of the record shall be, upon payment for the same being made, to vest in the purchaser or purchasers the fee of the estate free from claims of any of the parties to the action. The record of the judgment shall constitute an instrument of evidence in all questions as to the title to the lands or estate which may be the subject of the judgment in all courts, and shall be conclusive as to the rights of all parties to the suit. But the right of appeal to the Supreme Court shall appertain to actions for partition in the same manner and to the same extent as to other action.

Read the full instrument → · Open the chapter this section belongs to: CHAPTER IX →

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).

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