12 SUPREME COURT OF THE CANAL. ZONE.

we find no cause from the record to diminish, but ample and abundant proof to sustain, the findings of the trial court in the judgment of six hundred dollars United States currency as damages.
The judgment of the lower court is affirmed.
The CHIEF JUSTICE concurred.
Affirmed.
ACEBO versus GARAVEL.
No. 49. Argued February 20, 1909-Decided April 12, 1909.
AMENDMENT TO -PLEADINGS. Any pleading may be amended at any stage of the action, in the Circuit or
Supreme Court in the furtherance of justice. GOOD FAITH.
One who enjoys the civil fruits of real property with actual or constructive
notice that both title to the property and to such fruits is in another, can not
be considered a possessor in good faith.
Appeal by defendant from the Circuit Court of the Third Judicial Circuit of the Canal Zone; Hon. Lorin C. Collins, judge.
The facts appear in the opinion.
W. H. Carrington for appellant. Oscar Teran for appellee.
H. A. GUDGER, C. J. This is an appeal from the order and judgment of the judge of the Third Judicial Circuit. The case was tried August 27, 1908, and all the issues were found in favor of the plaintiff, and judgment entered charging the defendant with rents and profits during the time he was in possession of the property. From this judgment the defendant excepted and appealed.
Before the case was set for trial in the court below the plaintiff moved to amend his complaint. This motion was allowed by the court and excepted to by the defendant.
The first question that demands attention is the power of the court to permit parties to amend their pleadings, either before. or after trial has begun. Section 103 on page 25 of the Code of Civil Procedure of the Canal Zone settles this question. It reads as follows:
The court shall, in furtherance of Justice, and on such terms, if any, as may be proper, allow a party to amend any pleading or proceeding and at any stage of the Ation, in eiAtherCIrcuit-Cour-orthe Spreme!Cour,-by-addigor-str-&-I

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