Both Santos and Tiongson deposited in defendant’s warehouse palay with the same grade and quality. Their palay didn't have markings to distinguish it from one another. Tiongson then filed a complaint against defendant. A writ of attachment was then issued which included palay that was owned by Santos.
HELD:
There are no means to distinguish the palay owned by Santos and Tiongson. This being the case, each owner shall acquire a right in the mixture proportionate to the part belonging to him, according to the value of the things mixed or commingled.
