SUPREME COURT OF THE CANAL ZONE. Jan. Term,

the house mortgaged in favor of Don Tom6.s Herrera, by means of public document No. 42, dated March 6, 1897, be sold at public auction and that the amount of the loan contracted by Sefiora Suensson be paid to him from the proceeds of the sale, or, if there be no suitable bids, that the mortgaged house be adjudged to the complainant in payment of the amount of the loan, which amount he computes as $1,588.00 Panamanian currency;
That the principal of the debt and interest thereon have not been paid; that to secure the payment of the principal of the debt and the interest, one Sefiora Suensson granted to Don Tomis Herrera, a first mortgage on a wooden house, described in the complaint, which belonged exclusively to her, and which was situated within the municipal district of Empire, and described in the complaint; that Magdalena and Tom6.s Herrera are the only and universal heirs of their late father, Don Tomats Herrera, and have a perfect right, according to the Civil Code, to request the sale at public auction of the mortgaged house, and claim an immediate payment of the amount indebted; that the said defendant became the possessor of said house by conveyance subsequent to the mortgage above referred to.
The plea to the jurisdiction alleges:
That on the 22nd day of April, 1904, the present plaintiff coinmenced an action against this defendant in the First Circuit Court of the Republic of Panama'; that in the complaint filed in said action the said plaintiff alleged and set forth the same material allegations contained in the complaint in this action; that said action was pending in said Court of Panama at the time the "Laws of the Canal Zone, Isthmus of Panana, enacted by the Isthmian Canal Commission," were enacted; that by Section 1 of Act No. I of said Laws this Court was established; that Section 41 of said Act No. 1 of the Laws of the Canal Zone provides that "The Supreme, Circuit and Municipal Courts (of said Canal Zone), within their respective jurisdiction, shall have the power to hear and determine all cases heretofore arising in the territory of the Canal Zone and now pending in the courts which possessed jurisdiction in and over such territory at the time said suit was instituted and prior to the 26th day of February, 1904; provided jurisdiction over said cases is surrendered and the cases transferred to the courts of the Canal Zone by the courts in which the cases are now pending;" that said Act No. 1 of said Laws of the Canal Zone

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