Posten v. Rassette

Citations

• 5 Cal. 467

Syllabus

<p>Exceptions to the admissibility of a deed in evidence, must be taken advantage of at nisi prius.</p> <p>The destruction of a power of attorney, does not destroy the power. Upon the loss of the paper, there is no reason why its existence should not be shown and the power continued, so as to carry out the object of both the principal and agent.</p> <p>In the case of lost instruments, where no copy has been preserved, it is not to be expected that witnesses can recite its contents, word for word. It is sufficient if intelligent witnesses, who have read the paper, understood its object and can state it with precision.</p> <p>Where a power of attorney is coupled with an interest, upon proper allegations, sustained by unequivocal proof, a Court of Equity will restrain its revocation, and enable the attorney to execute the trust.</p> <p>The Mexican system knew nothing of the common law doctrine of seals. A power of attorney executed while those laws were in force, is therefore good without a seal.</p>