Roper v. McFadden

Citations

• 48 Cal. 346
• 1874 Cal. LEXIS 151

Syllabus

<p>Poweb of Attobney,—A power authorizing the attorney in fact to sell all the real estate of- the principal, lying in the City and County of San Francisco, is good, without a particular description of the property owned by the principal.</p> <p>Idem.—The fact that a power of attorney is not acknowledged or recorded, •does not affect its validity.</p> <p>Objection to Testimony.—It is not error to admit irrelevant testimony, if an objection that it is irrelevant is not made.</p> <p>Evidence in Ejectment.—In ejectment, a deed to the defendant, executed subsequent to the commencement of the action, is admissible in evidence on his behalf, if a supplemental answer is filed, setting up the title acquired through the deed.</p> <p>Filing Supplemental Answeb,—If a supplemental answer contains a recital that it was filed by leave of the Court, and it is a part of the judgment roll brought up by the plaintiff on his appeal, the appellate Court will presume that there was an order of Court allowing it to be filed. Objection to Evidence.—If, on a trial before the Court without a jury, evi dence is admitted, subject to an objection made, and afterwards, on the final hearing, the Court rejects it, this is sustaining the objection, and the party objecting cannot complain.</p> <p>■Conflict in Evidence.—The Judge of the Court below, who hears thf oral testimony, and observes the conduct and bearing of the witnesses, is best able to pass on it when there is a conflict, or when there are discrepancies and inconsistencies, and the appellate Court will not disturb his finding.</p> <p>Admission of Deed in Evidence.—If, in ejectment, there is evidence of the former possession of the party under whom the defendant claims, the deed of such party is admissible on behalf of the defendant.</p>