Powell

Defendant Mayo, as administratrix of the estate of Denise Doris Harris, deceased, appeals from a judgment in favor of plaintiff Leona M. Powell for $8,154.64 as a good faith improver of property owned by the estate. (Code Civ. Proc., § 871.1 et seq.)

Representing himself to be the owner of the property at 1241-1243 Leighton Avenue in Los Angeles, defendant William Sherman Harris purported to sell the property to plaintiff on November 4, 1975. The price was $5,000, which, in plaintiff’s opinion, as an experienced real estate broker, was the fair market válue of the property in its then deteriorated condition.

Believing herself to be the owner of the property, plaintiff expended about $11,000 on improvements to the property. Plaintiff procured a buyer for the property at a price of $22,500.

Plaintiff then discovered that William Sherman Harris had owned only a one-fourth interest in the property as a tenant in common. The other three-fourths interest was held by the estate of Denise Doris Harris, his deceased wife.

Plaintiff discussed the problem with the attorney for the estate, who concluded that the sale of the property to plaintiff’s buyer would be advantageous. The…