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Admission By Privies

admission by privies


Privies
Those who have mutual or successive relationship to the same right
of property or subject matter, such as “personal representatives,
heirs, devisees, legatees, assigns, voluntary grantee or judgment
creditors or purchasers from them without notices to the fact.

Privity
Mutual succession of relationship to the same rights of property.

Requisites
1. There must be a relation of privity between the party and the
   declarant
2. The admission was made by the declarant, as predecessor in
   interest, while holding the title to the property.
3. The admission is in relation to said property.

Alpuerto vs. Perez Pastor
Privity in estate may have arisen by succession, acts mortis causa
or acts inter vivos.

Where one derives title to property from another, the
act/declaration/omission of the latter, while holding the title,
in relation to the property, is evidence against the former.

The privity in estate may have arisen by succession by acts
mortis cause or by acts inter vivos.

Basis
It is an established rule in evidence that the declaration of a
person under whom the title is claimed are receivable against the
successor so claiming, on the theory that there is sufficient
identity of interest to render the statements of the former
equally receivable with the admissions of the present
owner, and that the rights of the latter are those of the former.

The principle on which such evidence is received is that the
declarant was so situated that he probably knew the truth, and
his interest were such that he would not have made the admissions
to the prejudice of his title or possession, unless they were true.
The regard which one so situated would have to his interest is
considered sufficient security against falsehood.

In order to render an admission of a former owner of property
competent against his successor in title, it must have been made
at a time when the title was in the declarant.

General Rule
Declarations of the transferor, made subsequent to the transfer,
are inadmissible.

Exceptions
1. Where the declarations are made in the presence of the transferee
   and he acquiesces in the statements or asserts no rights where
   he ought to speak;
2. Where there has been a prima facie case of fraud established as
   where the thing granted has a corpus, and the possession of
   the thing after the sale or transfer, remains with the seller
   or transferor;
3. Where the evidence establishes a continuing conspiracy to
   defraud, which conspiracy exists between the vendor and
   the vendee.











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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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