Wilson

Plaintiff, in propria persona, brought suit in ejectment for damages, alleging that he was the owner of certain real property in Los Angeles and that defendant was in unlawful possession of a portion thereof and that he was thus damaged “in the sum of $1,500 for rents, issues, and profits” and for exemplary damage in the sum of $5,000.

Defendant answered alleging that she owned the adjacent lot to that plaintiff allegedly owned but that she had no information, knowledge or belief “sufficient to enable her to answer” and that she based her denial of plaintiff’s ownership on that ground alone. She further denied that she at any time possessed any property other than her own. Upon a hearing overruling a demurrer filed by plaintiff to the answer, it was also determined that defendant would file a disclaimer to the property described in the complaint. The disclaimer was filed thereafter prior to trial.

During trial, when it clearly appeared that a certain fence was on defendant’s land, plaintiff was permitted by the court to amend his complaint by reducing the damage claimed from $1,500 to $1.00 and eliminating completely thereupon the *314 claim for exemplary damages of $5,000.…