VILLALOBOS et al. V. FOLESTON et al.

wise moving a nonsuit but declined to rest on the motion, and subsequently offered its proof by calling to the stand Dr. Inocencio Galindo and Governor Porfirio Melendez.
On the 24th day of May, 1909, the trial court filed its decree, finding the issues in favor of the plaintiffs and against the defendants, including the intervenor, the United States Government. The relief sought by the complaint was granted and judgment and decree entered for possession and damages. From the action of the trial court, first, in overruling the defendants' demurrer to plaintiffs' evidence, and denying motion for nonsuit made by the intervenor, the United States Government; and, second, in granting decree and relief to plaintiffs, the cause is brought to this court for review.
The evidence offered by plaintiffs in support of title was far from that clear, convincing, and conclusive character which the law contemplates. Following the proof of survey the first witness offered, E. R. Cowan, was not acquainted with the original Villalobos nor his wife. He testified that the Villalobos family lived at Playa de Flor across the Bay, but on cross-examination admitted he had never been there and that this information and knowledge was from what others had told him. Romano Emiliani, the second witness, knew only the Villalobos children and was not familiar with the premises. The fourth witness, Jean Gris, knew the Villalobos family. He went to Playa de Flor to hunt but had not been there for some years. Did not know the boundaries. Knew a Frenchman and others that occupied land at Playa de Flor; that an Italian "Rifo" was original owner; that he had sold it, but papers were burned in Colon. Pedro Cerezo testified as to acquanitance with the original Villalobos and children; that they lived in Playa de Flor, but he knew nothing as to a description of the premises or time of occupancy.
The above evidence is referred to as constituting the only testimony offered save by the plaintiffs, five of whom were called, that is; Antigua, Lino, Fulgencio, and Feliciano, and in addition Eufracia, the widow of Jos6 Villalobos, deceased.
The trial court in his findings of fact credited the plaintiffs with uninterrupted occupation and possession (except as to defendants Foleston and others) since 1846. We have searched the testimony and record in vain for such proof. Fulgencio Villalobos, age 42, at the time of testifying, and a child of FelicianoVillalobos, was asked:

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