Oliver Wendell Holmes, Jr.

“ Whatever may have been the Spanish law, this is a principle so deep seated in our system that we should regard it as carried into the Philippines by implication as soon as we established courts in those islands. ”

“ On the same October 14 the above-mentioned Solers brought suit (No. 4017) against the sheriff and the present plaintiff, Alzua, alleging that the Solers owned and were entitled to possession of the property, and praying for an injunction and damages. The trial court decided for the sheriff and Alzua and the Solers appealed to the supreme court. On March 27, 1907, that court, including the defendant, affirmed the decision, postponing a statement of the grounds, and ordered judgment in twenty days and a return of the record ten days thereafter. ”

“ The plaintiff Alzua had a judgment, in cause No. 3274, declared to be a first lien upon two stores, among other things, of Martinez, widow of Soler, and Riu, the judgment debtors; the sheriff levied; two Solers, sons of Martinez, demanded that the sheriff dismiss the levy as they were owners of the stock levied upon; the plaintiff Alzua gave the sheriff a bond, on October 14, 1905, and thereupon the sheriff proceeded to advertise and sell the property concerned. ”