Ejectment.—Actions Other Than Those Technically of Ejectment can be brought for the recovery of the possession of real estate.

Pleading—Surplusage.—Words in a Complaint Putting a False Construction upon a power of attorney copied at length in the same complaint are to be treated as surplusage.

Evidence—Testimony at Former Trial.—When a witness is disabled by sickness from attending a trial, his deposition, taken previously in another case after due notice to the opposing side, may, if otherwise competent and material, be read at such trial, if in the other case, even though it was entitled as between other parties, the same parties were litigants against each other and the same subject matter was involved.

Power of Attorney—Proof of Original in Foreign Record.— When an original power of attorney is a foreign record in a foreign country, an exemplified or sworn copy is admissible in evidence.

Power of Attorney—Execution and Record in Foreign Country. When under the laws of a foreign country the constituting of one person to be the attorney in fact of another is effected, not by the execution of a paper and the manual transfer of it by the first person, but rather by a declaration by him to a notary in words which the notary then writes in his presence into a book of public record, he subscribing the writing, a copy of which is thereupon given the attorney thus made, any objection that there is indicated here no delivery from the donor to the donee is met by the fact that the document becomes by the executing it beyond its signer’s control, which fact is to be taken with that of the delivery to the notary and the plain intention implied from all the circumstances that the parties regarded the transaction as complete.

Power of Attorney by Married Woman to Sell Land.—A power of attorney to sign, seal and deliver deeds of real estate in California owned by a married woman is without legal effect if not executed and acknowledged by her according to the laws of the state prevailing at the time of its date.