SUPREME COURT OF THE CANAL ZONE.

The appellant has requested that judgment absolute be rendered by this court. It appears that the litigation has been long and involved, and the evidence contained in the record justifies final judgment at this time.
There is no defense set up by the answers other than the question of fact that requires special consideration. Evenif the Cruces road had been abandoned as a public highway before the date of the conveyance by the Schubers to Espinosa there is ample evidence that through all these years the road at the place in dispute has been at least in use as a private way, utilized by Espinosa, his grantors and others for themselves, their cattle, and their employees.
Under the circumstances the grant to the edge of the road carried with it a grant to the middle of the road and'a right of use. And the grantors and those claiming under them are estopped by their warranty from asserting any claim or interest adverse to the rights conferred upon the grantee by the deed.
On the other hand there does not appear to be evidence on which to found an award of damages to the appellant. There is no contention, however, that the defendant did not commit the acts complained of in the complaint.
It follows from the foregoing that the judgment of the lower court should be reversed with costs to the appellant in both courts, and a decree entered establishing the plaintiff in possession of the disputed premises. Such decree should also contain the mandatory injunction prayed for in the complaint. Remanded for entering proper decrees in accordance with this opinion.
Reversed and remanded.
CANAL ZONE versus LUIS MENA.
No. 101. Argued November 6, 1912. Decided N6vember 11, 1912.
HABEAS CORPUS. JURISDICTION. The President of the United States in the exercise of the political authority conferred upon him, may order the arrest and detention of an individual and his incarceration in the Canal Zone. In so doing it is unnecessary that any warrant issue for such arrest. Courts of the Canal Zone are without jurisdiction to grant a writ of habeas corpus in such a case. It is possible that the President might not be vested with such powers in so far as concerns actual inhabitants of the Canal Zone.

Application for writ of habeas corpus.

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