Foote v. Richmond
California Supreme Court
Appeal from the District Court of the Sixth Judicial District, Sacramento County. This was an action of ejectment for twenty town lots in the City of Sacramento. As a portion of his deraignment of title to some of them, the plaintiff introduced a deed from Roland Gelston, by bis attorney in fact, Joseph Clough, to James C. Zabriskie. It was the power of attorney under which Clough acted that first engages the attention of the Court in the following opinion.
Read the full summary
Appeal from the District Court of the Sixth Judicial District, Sacramento County. This was an action of ejectment for twenty town lots in the City of Sacramento. As a portion of his deraignment of title to some of them, the plaintiff introduced a deed from Roland Gelston, by bis attorney in fact, Joseph Clough, to James C. Zabriskie. It was the power of attorney under which Clough acted that first engages the attention of the Court in the following opinion. From Zabriskie, the title passed to P. B. Cornwall, and from him to David B. Milne. Milne mortgaged to William S. Mesick, and Mesick, in…
1Opinion of the Court
By the Court, Sprague, J.:
The objection to the power of attorney from Gelston to Clough as evidence, on the ground of defective acknowledgment, was cured by subsequent evidence of a power properly acknowledged, admitted by the Court without other objection than that the evidence came too late—the plaintiff having closed his evidence in chief. The Court, notwithstanding this objection, admitted the evidence, which, in the exercise of a sound discretion, he could properly do; and I think in this there was no abuse of this discretion. (Mowry v. Starbuck, 4 Cal. 274; Priest v. Union Canal Co. 6…
2Cases cited1 opinion
- Mowry v. StarbuckCalifornia Supreme Court · 1854
3Cited by1 opinion
- Childs v. LantermanCalifornia Supreme Court · 1894