SUPREME COURT OF THE CANAL ZONE.

The answers of the defendant and intervenor set up a general denial of the material allegations of the complaint and among other defenses allege prescription and nonuser.
At the trial before Judge Jackson the record of the testimony taken at the first trialwas introduced in evidence by agreement between the parties and additional witnesses were examined and evidence introduced.
In its opinion annexed to the bill of exceptions the trial court among other things held substantially as follows"
1. That the southern boundary as described in the deed from Henry Schuber and brother to the appellant herein is indefinite and uncertain.
2. That if such boundary were intended by the deed to be the Cruces road, the part of the road contiguous to the land in question is not now susceptible of definite location as a boundary.
3. That the actual boundary of the land in question as fixed by the parties and by long-continued use is the barb-wire fence herein before mentioned.
If these conclusions are justified by the law and the facts the trial court did not err in determining the issues against the plaintiff. The questions involved in the conclusions above numbered 1 and 2, are however fundamental to this case and if those questions be answered in favor of the plaintiff, thdn the additional facts established by the record entitle him to the inj unction prayed for in his complaint.
It therefore becomes necessary to discuss the question of the proper construction of the portion of the said deed which sets out the southern boundary. That portion of the description reads as follows:
On the south the old road of Cruces from the bridge of Rio Hondo to the place known as Guadalupe. In the small part of the road which is without a rocky covering will be placed posts. This boundary divides the land which we sell which remains to the north of the old Cruces road or to the right going from Panama to Cruces from that which I reserve to myself. The sign posts will be of stone marked with the proper lettering put up by the seller. The southern part or that on the left-hand side of the old road from Panama to Cruces which the vendors, Messrs. Henry Schuber and brother reserve will continue being known as Juan Diaz Caballero, and-the part which they sell which is at the north or to the right-hand side of the said road will be known as "La Union."'
It is an elementary principle that in respect to boundaries, deeds must be construed strictly against the grantor and liberally in favor of the grantee. This principle is so firmly established that it needs no citation of authority to support it. But even without the application of this principle it is difficult for usto see

166