BOSQUEZ v SOLtS et al.

the house was situated. The defendants in their answer denied the right of the plaintiff for the reason that the case had already been decided by the courts of Panama, in the case of the Bosquez family against Solis, in favor of Solis, and contended that, as Solis had sold the house and enclosure to Fernandez by a public deed duly registered, the case was res adjudicata as to both defendants. However, the defendants agreed to pay rent for the land in case the plaintiff should prove ownership to the land. The lower court decided that the case was res adjudicata so far as Solis was concerned, and ordered the defendant Fernandez to pay the sum of $358.05, silver, as rent for the land. Both parties appealed from this sentence; the defendant Fernandez, for the reason that, as she derived her title thrqugh Solis, the case should be declared res adjudicata as to her in the same manner as to Solis; the plaintiff appealed because the final judgment of the court below did not decree the ejectment, as prayed for in the original petition.
From the documentary evidence introduced in the lower court it appears (1) that Felix Jose de Icaza, with the knowledge and consent of Buenaventura Correoso, constructed a house in the village of Matachin; (2) that after the death of Felix Jose de Icaza, his heirs remained in the peaceful possession of the said house, and that afterwards Jose Dolores Solis occupied it without any title in the land and was maintained in his possession by the courts of Panama, as is shown in the judgment of May 4, 1905; (3) that the lands in Matachin were sold at public auction to Buenaventura Correoso in 1883, and that he in turn conveyed the same to the legitimate children of Maria Jaramillo de Bosquez and of Carmen Bosquez de Paredes, as is shown by public deeds Nos. 10 and 128; with the exception of a certain part of the said land which had been sold by Correoso to the old French Canal Company by public deed of May 23, 1883, (as indicated on the map signed by the Director-General of the Canal Company, by Correoso and by the Bosquez family); (4) that according to this map and the ocular inspection made by order of the court of Panama', the house and enclosure were not within the land sold to the Canal Company, but were within the adjoining lands belonging to Correoso or to the

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1907.