Spect

It is not necessary to inquire whether the record of the Spanish document, purporting to be a deed from Manuel Jimeno to* Thomas 0. Larkin and John S. Missroon "was erroneously admitted in evidence. Both parties to the present action claim to deraign title from Larkin and Missroon, and the conveyance to them from Jimeno was not necessary to the plaintiff’s case. If, therefore, the court below erred in admitting the record, it was an error "which could not have injured the defendant.

The deed from Larkin and Missroon contains a sufficient description of the land in controversy, the same being part of the “town of Colusa.”

The power of attorney from Larkin, Missroon, Seawell, and Hastings to Carpenter was properly acknowledged by Sea-well. There is no proof in the record that Eames, who pretended to acknowledge its execution for Larkin and Missroon, as their “agent,” was in fact such.

*201 At the trial, the plaintiff swore that he did not have the possession of the power of attorney. But there' was no proof of the execution of the power by Hastings. (Code of Civil Proc., Sec. 1855.) Nevertheless, the certified copy of the power was admissible, the same having been duly…