Silvius

This is an action of unlawful detainer. Plaintiff had judgment and defendant appeals.

Appellant’s first contention is that a finding of the trial court that the relation of landlord and tenant existed between the parties is not supported by the evidence. Although the evidence was not without contradiction there was testimony tending to show the following facts: The property which is the subject of the action was purchased by respondent with the aid of appel lant, who advanced for the purpose a certain sum of money. It was understood that upon the acquisition of the place appellant might occupy it until the amount advanced by her should be applied in toto as rent at the rate of a certain amount per month. She did occupy the premises until the amount of her advance was exhausted pursuant to the understanding. This action was commenced thereafter. Under these circumstances we cannot avoid the conclusion that appellant was a tenant of respondent, at least after the expiration of the period during which she was to occupy the property under her advance. Her status after that time had run is well described by the usual definitions of the word “tenant,” even in its most restricted sense…