Islas

Defendant Petra N. Islas appeals from a judgment in favor of plaintiff in a suit brought to determine the ownership of certain real property and to obtain declaratory relief. Plaintiff also was granted a writ of possession and an award of damages for the reasonable rental value of the property for the period during which appellant remained in possession.

The complaint alleges in substance: that plaintiff’s husband, Jesus Islas, had acquired the described real property during their marriage and had paid the entire purchase price with community funds; that thereafter her said husband had died intestate; that the defendant, who was decedent’s mother, had been in possession of the property under some claim of title and had paid plaintiff nothing for the use thereof since her husband’s death; and that the reasonable rental value of the property was $150 per month. Defendant made no objection to the form or content of this complaint, but answered by way of general denial, affirmatively admitting however: (1) that she was in possession of the described property; (2) that she claimed an interest therein; and (3) that she had paid plaintiff nothing by way of rental for the use of the…