Maloney

Appellant Elizabeth White appeals from a judgment rendered against her and others in an action *788 for ejectment and to quiet title brought by respondents Martin J. Maloney and his wife Anna. Said judgment granted respondents’ prayer for ejectment, quieting title, delivery of possession and damages in the sums of $3,750 for unlawful detention of the property, $995.72 for unpaid taxes and $500 attorneys’ fees.

Respondent Martin Maloney, by his testimony and certain documents, established to the satisfaction of the trial court that under the written contract of sale of the property executed between the parties on August 2, 1951, as of September 1955 appellant was seven monthly payments behind and that he had received no further payments up to the date of trial, May 29, 1958; and that, contrary to the requirements of the agreement, appellant had not paid the taxes on the property from 1953 to date; had given a deed of trust on the property and had permitted two attachments to be levied on the property. It was stipulated that the deed of trust and attachments were in effect at the date of trial.

The damages for the unlawful detention were computed on a reasonable rental value of…