Tong

— The action is ejectment to recover the possession of a quarter section of land in El Dorado county. The *810 ease was tried by the court and judgment rendered in favor of the plaintiffs without written findings.

At the conclusion of the trial the cause was submitted, and the court then announced its decision, and thereupon, before any judgment was entered, counsel for defendants requested the court to make and file its findings in writing. This request was refused by the court, and this is the first error assigned.

Section 180 of the Practice Act, in force when this action was tried, provided that “no judgment shall be reversed on appeal for want of a finding in writing at the instance of any party who at the time of the submission of the cause shall not have requested a finding in writing, and had such request entered in the minutes of the court.” In this case the request for written findings was not made at the time of the submission of the cause, and we cannot, therefore, for this reason reverse the judgment.

In the progress of the trial the defendants sought to prove the contents of a lost power of attorney, and, upon the objection of the plaintiffs, the evidence was…