KUNG CHING CHONG V. WING CHONG.

the complaint, and for that purpose, delivered.said defendant the sum of $700, United States currency;
3. Thit said defendant, Wing Chong, received from the said plaintiff the said sum of $700 United States currency, for the purposes aforesaid, bought the said property described in the complaint, and the lease on which it is located, but took the title thereto in his, Wing Chong, the defendant's name;
4. That after the purchase of the said property described in the complaint, said plaintiff repaired, extended and improved the said property to the extent of its present condition;
5. That said plaintiff is the .rightful owner of the property described in the complaint, the improvement thereto, and the lease on which said property is situate.
On these findings the court decreed:
First. That the said defendant Wing Chong forthwith convey by a good and valid deed to-the said plaintiff Kung Ching Chong, the property described in the bill of complaint together with all the appurtenances thereunto belonging, as well as his right, title, and interest in and to the said lease for the land on which said property described is located, and that from the filing of this decree until the proper conveyance above described, be made from the said defendant to the said plaintiff this decree shall operate as a deed for the property above mentioned to the plaintiff, Kung Ching Chong.
Second. And that defendant pay all the costs of this action.
There were sharp conflicts in the testimony of the parties, but this court has not had the opportunity to see the witnesses or to determine their credibility; the court below had every opportunity so to do.
There was evidence to sustain the decree that was entered on the findings and it is not the province of this court to reverse cases on the facts unless the findings below were clearly at variance with the evidence. Such is not the case here.
A reversal is asked for on legal grounds. The first error assigned by the appellant is that the action is one of revendication and that under the terms of article 974, Civil Code, Panama, there should be an allegation in the complaint that the plaintiff had been in the qu'et, peaceful, and uninterrupted possession of the premises, for a full year prior to the filing of the suit and that this allegation should be sustained by proof.
"Of Revindication" the said Civil Code treats under Title XII, articles 946 to 971 inclusive; "Of Possessory Actions," Title XIII

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