[1] Pleading—Want of Verification—Trial Without Objection— Waiver.—Where parties proceed to trial upon an unverified petition or answer without objection thereto, they are held, by so doing, to waive their right to object to the want of verification.

[2] Id.—Unverified Petition for Appointment of Guardian—Waiver of Defect—Order not Subject to Collateral Attack.—Where after the filing of a petition for the appointment of a guardian notice was duly given and a hearing was regularly held, the omission to verify the petition as required by section 1763 of the Code of Civil Procedure was waived, and no want of jurisdiction being disclosed on the face of the record, the order of appointment cannot be collaterally attacked.

[3] Guardian and Ward — Unauthorized Release of Guardian’s Mortgage — Money Borrowed from New Mortgagee — Ward’s Property.—Where a guardian caused a mortgage to be executed on real property owned by her in favor of her ward for the purpose of securing the restoration to the latter of moneys misappropriated by the guardian, and subsequently released of record such mortgage without an order of court, in order that she might obtain from a third person a loan on the property in an amount greater than that of the ward’s mortgage, the money obtained on the new mortgage to the extent of the amount of the ward’s mortgage is regarded in equity as paid for the use and benefit of the ward, and if misapplied by the guardian, such misappropriation amounts to embezzlement and the ward must look to the guardianship bond . for reimbursement.

[4] Id.—Validity of Release—Priority of New Mortgage.—Under such circumstances, the release of the ward’s mortgage is valid, and the surety on the guardianship bond, as assignee of such mortgage, cannot claim any interest in the property as against the purchaser at the foreclosure sale of the new mortgage.

[5] Mortgage—Assignment to Surety of Mortgagor — Amount Enforceable.—Where a recorded mortgage and the note secured thereby were for a specific sum, the assignee of the mortgagee could not, in any event, enforce the mortgage for a greater sum than the amount thereof with interest, regardless of the amount paid by the assignee under its obligation as surety for the mortgagor on the guardianship bond.

3. Leave of court as prerequisite to action on guardian’s bond, note, 2 A, L. R. 569.