This is an appeal from a judgment of the Court of First Instance of Occidental Negros in favor of the plaintiff.

A careful examination of the testimony shows  that the statement of facts contained  in  the  following quotation from the opinion of the learned trial court presents clearly and fairly the evidence  in the case and the  contention of the parties:

"From the evidence presented it appears that in his life-time  Felix  Granada  was indebted to Bias  Gerona; that both  Felix  Granada and Bias  Gerona are now dead,  and that defendants Matias Granada and Celedonia Gentero are the  son  and  wife,  respectively,  of  Felix  Granada,  and Ignacio Arroyo, plaintiff, was the administrator of the estate of Bias Gerona.  That a suit was commenced by Ignacio Arroyo as the administrator of Gerona for the recovery of this debt,  and that  final  and amicable  settlement was arranged between him  and these  defendants and that  a document was executed  on the  3d of October, 1905, signed by Matias Granada for himself and on behalf of his mother, Celedonia Gentero, whereby he acknowledged an indebtedness of P2,261, and agreed to pay to the  estate of Gerona Pl,000 in the  month of March,  1906, and Pl,261 in  the month of March, 1907.

"It  appears  further from the evidence that this payment of Pl,000, to be made in  March, 1906,  was not complied with  by Matias Granada,  and  as  a settlement  of that, an  arrangement was made between  him and Ignacio Arroyo, whereby Matias Granada executed a mortgage as security for the payment of P1,000, payable at 12 per cent interest  one year after the execution of the  mortgage, which  was  executed  on the 14th of April, 1906.  This mortgage gave as security about 130 cavanes of land located in Hinigaran, Occidental Negros.

"It appears further that when this P1,000, together with the P1,261  heretofore referred to,  became  due  in  1907, Matias Granada or his  mother was unable to or  did  not pay the amount to Ignacio Arroyo.  In May, 1907, J. M. Arroyo, son of Ignacio, and a  lawyer by profession, and with the full power of attorney  from his father to transact his affairs,  came from Iloilo to  the hacienda of his father, which hacienda is known by the name of Sto. Rosario,  in Binalbagan, Occidental Negros, for the purpose of arranging some settlements with debtors of his father,  including the defendants  in this case.

"According to the testimony of  the  witnesses for the plaintiff, on May 23,  1907, Matias Granada came from the municipality of Isabela, where he lived, to this hacienda  to effect  a settlement regarding the indebtedness heretofore referred to, and which at that time amounted, with interest, to P2,381.  Defendants claim it was on  the  24th of May that he came.

"According to the witnesses for the plaintiff, Matias Granada there  stated  to  J. M.  Arroyo that they were unable to pay this  indebtedness in  money, but desired to transfer in settlement of the  debt a piece  of land, which Matias Granada said was first quality  land, good for the raising of sugar cane and rice, and was located near certain land in 'Cumansi,'  which Ignacio Arroyo had secured from one Narciso Borja, and that these lands would be an  addition and  could be  made a part of those secured from Narciso Borja.

"According, further,  to the witnesses for  the plaintiff, J. M.  Arroyo at first objected  to accepting  these  lands, stating that his father desired  the  money, but finally on the representation of Matias Granada as to the  quality and location of the land that he desired to transfer of thirty- four hectares, and considering that  it was near by to the lands secured  by Ignacio Arroyo from Narciso Borja  and would be an addition  thereto, and if the land  was such as represented, it was well worth  the price  of the indebtedness, J. M. Arroyo agreed to accept the same.

"The defendant  denies that he represented  at this time that  the land was first quality land, or that it was near the lands mentioned  in  Cumansi,  but the preponderance of evidence presented appears to support the contention of the plaintiff in this respect.

"It appears both from the  testimony of plaintiff and defendant Matias Granada that on this date, whether  it was the 23d  or 24th of May,  Arroyo  in  the  house of this hacienda, Sto.  Rosario, in  Binalbagan, wrote out a cancellation of the indebtedness  of P2,381, and signed it. Plaintiff claims that he then gave this cancellation to Matias Granada, together with a form of document of transfer of land with blank  spaces for the description to be inserted therein, and that he gave these papers to Matias Granada, who was to return  to Isabela and have his mother execute the deed transferring these thirty-four hectares to Ignacio Arroyo,  and  bring the  deed back  the  next  day,  which according to plaintiff would be May 24th.

"Plaintiff further claims that this deed was sent back on May 25th, brought by a younger brother of Matias Granada.

"It is the claim of defendants that this transaction of the hacienda of Sto. Rosario was made on May 24th, about 10.30 in the morning; he and J. M. Arroyo started for Isabela, both going on horseback, and that on the way there they stopped" in the  jurisdiction  of  Hinigaran to  view those thirty-four hectares of land; that it was pointed out by the defendant, Matias Granada, and examined by J. M. Arroyo, and that after having had dinner there on the land, they then proceeded to Isabela to the house of Matias Granada, where under the dictation of J. M. Arroyo, Matias Granada wrote out the document of transfer of the land, and the two of them, with the mother, Celedonia Gentero, went before a notary public  and had the document executed, and at the same time J.  M.  Arroyo acknowledged before  this notary public, Rosauro Barroquina,  the cancellation of the debt that he had written out in the hacienda Sto. Rosario, but that instead of inserting  the series and  number and date of the cedula of J. M. Arroyo, it was left blank because he had left his cedula at the hacienda Sto.  Rosario, and that this work was completed about 4 o'clock that evening, when J. M. Arroyo started on his return to the hacienda and sent his  cedula  back that evening, arriving in the hands of Matias Granada about 6 o'clock, and was the same evening by him given to the notary public and the series and number and date were inserted.

"J. M. Arroyo denies that he ever visited the land in question on  this day,  or that  he  went to the house of Matias Granada in  Isabela,  or that he made the acknowledgment that appears in the  cancellation of indebtedness before the notary public,  and  testifies positively that he has never ridden a horse on  any occasion since the time of the revolution, when  he  was  thrown and  injured  his  arm, which injury continues yet.

"The notary public as a witness for the defendants testifies to J. M. Arroyo  appearing and  making  the acknowledgment, and two other witnesses for the defendant testify to his being in  Isabela  on that date,  while, on the other hand, some witnesses for the plaintiff testify that Matias Granada returned from the hacienda Sto. Rosario alone and  that J. M. Arroyo did not leave it.

It  appears further according to the  evidence  of  the plaintiff that in the month of June following this transaction, J. M.  Arroyo sent  parties to  take  over the  delivery  of this  land and to report to him upon it, and that he then discovered that the land was not located where represented by Matias  Granada,  and neither  was it of the quality  as represented,  nor was it land suited for the raising of sugar cane and palay, but  was mostly covered with trees  and at that time  also covered with water from knee-deep  to shoulder-deep in most places.  Therefore plaintiff has asked that  this deed be set aside  and that defendants be declared to be indebted to him yet in the said sum of P2,381, with the interest.

"According to the evidence presented,  first-class lands located where this particular  parcel is are valued at P100 to P120  per  cavan, second-class lands at from -P40 to P50 per cavan, and third-class  lands at P20  to P25  per  cavan, and fourth-class lands at P15 per cavan.

"All of the witnesses for the plaintiff who have examined this particular parcel place this land as of third or of fourth class  quality and Matias Granada himself admits that  he believes it to be second or third class land.

"There is some testimony on the part of the defendants stating that in Spanish times more than three thousand cavanes of palay were raised from this land, but it is very evident that means  not only what was raised on this parcel, but also from all of the other parcels near by there belonging to Matias Granada, his mother, or the estate of their father, because at from forty to fifty cavanes  of  palay per  cavan of land, as Matias Granada testifies this  land would produce, it could not certainly produce any such  total, even if it was all in palay."

Upon these  facts the court  found  that the documents in question were executed by  means of false and fraudulent representations of the defendants in  this case and ordered their annulment and cancellation.

We are unable to  agree with the conclusions of the learned trial court  upon these  facts.  In our judgment there  is not sufficient evidence to sustain  the allegation of  fraud.  To set  aside an instrument, solemnly executed and voluntarily delivered, upon the ground that its execution was obtained by  false and  fraudulent representations,  the  proof must be clear and convincing.   We do not think that the evidence adduced shows by a fair preponderance that there were suph false and fraudulent representations.

In a sense this opinion on the merits is useless, for the reason that the person bringing the action has  no interest whatever in the  subject matter  thereof and  can have no interest whatever in any judgment rendered therein.  The action is brought in the name of Jose M. Arroyo as apoderado of Ignacio Arroyo.  There is no provision of law permitting an action to be brought in that manner.  Jose M. Arroyo, as apoderado,  has absolutely no interest in this litigation.  He has absolutely no right to bring the defendant into court or put him to the expense of a litigation.  The real and only party in interest is Ignacio Arroyo.  Under articles 114 and 122 of the Code of Civil  Procedure he  should be plaintiff.. He is not a party to this action and has in no way appeared or taken part herein.  A  judgment for  or against  Jose M. Arroyo personally  or as apoderado in no way binds or affects  Ignacio.  As a necessary result a decision in  this case  is  utterly  futile.  It  does  nothing.  It touches no interest, settles no question, binds no party, quiets no litigation.   Courts ought not to be required to  spend their time solemnly considering and  deciding cases where nobody can be bound  and no interests affected as a  result  of  such deliberation and  decision.

While, as we have said, our opinion upon the merits as presented by the facts of this case is, in a sense, useless, in another sense it  is not quite so.   By such opinion  Ignacio Arroyo will know that, although the present judgment does not, upon the record before us, bind him, the result  of an action brought by him,  subsequent to this opinion, will be adverse to him upon the  same facts.   From this point of view this opinion upon the merits, as presented in this action, may  have the effect  of forestalling further  litigation of this question,  an  end worth the trouble taken to effect it.

For these reasons the  complaint is dismissed,  without special finding as to costs.

Arellano, C. J., Mapa, Carson, and Trent, JJ.,  concur.