Foreclosure op Guardian’s Mortgage by Ward—Release by Guardian-—Parties—Failure op Ward to Testify — Instigation op Action—Want op Equity.—In an action by an adult ward to foreclose a mortgage executed to him by his guardian more than twenty years previously, when the ward was one year old, to secure money “borrowed” or appropriated by the guardian without order of court, and which was released by the guardian without order of court, in favor of subsequent mortgagees and purchasers, made parties defendant with the guardian, where the plaintiff failed to testify whether the guardian had settled with him or not, or whether anything was due, and where it appears that plaintiff lived with and had been always supported by his guardian, who was his stepfather, and that the action was instigated and controlled by the guardian defendant and plaintiff’s mother, it is sufficiently shown to be without equity.

Id.—Contracts—Parties—Incapacity of Infant Ward.—There must be two parties to every contract; and a note and mortgage to be of any validity must be legal contracts. An infant- one year of age, being plainly incapable of contracting, it may be seriously doubted whether any contract could be said to exist at all between the guardian and his infant ward.

Id.—Misappropriation of Money—Embezzlement.—The money alleged to have been “borrowed” from the infant and appropriated to the guardian’s use without any order of court was misappropriated or embezzled by him; and the note and mortgage to the ward could be no defense to such embezzlement.

Id.—Effect of Release—Money Borrowed prom New Mortgagee— Ward’s Property—Maxim op Equity.—Where the release of the mortgage by the guardian without an order of court was made to induce another mortgagee to advance money to the guardian in the same amount, his intention not to make it the ward’s money is immaterial. Equity makes such money the property of the ward, in pursuance of its maxim that it will regard as done that which ought to be done.

Id.—Second Embezzlement.—Any misappropriation of the ward’s money received from such other mortgagee in consideration of the release of the first mortgage made to the ward for money embezzled was only a second embezzlement of the ward’s money.

Id.—Protection of Innocent Purchasers—Clearing of Undisclosed Lien — Consequences of Further Misappropriation. — Where innocent purchasers of the mortgaged property paid full value therefor to the guardian, in honest ignorance of the situation, and relying upon the absence of any apparent encumbrance of record; conceding that the ward had in fact an undisclosed lien upon the property, so much of the money- paid by the purchasers as may be necessary to clear this lien must be deemed taken by the guardian as money of the ward; and if the guardian thereafter made further misappropriation of it the purchasers are protected 'against its consequences.