Salcido

This is an appeal from an order denying a motion to vacate an order confirming the sale of certain real property of the estate of the incompetent.

*266 Elizabeth Cross was the owner of Lots 13,14 and the easterly 30 feet of Lot 15 of a tract of land particularly described and located in Los Angeles County. On or about February 1, 1957, she was adjudged to be incompetent, and on or about said date the Reverend Oscar B. Jensen was appointed the guardian of her person and estate by decree of court.

On about June 3, 1957, the guardian sold to Dave Gersh Lots 13 and 14 of the real property above mentioned. Sometime after June 25, 1957, the guardian ascertained that a portion of a single family residence constructed and being in large part on the easterly 30 feet of Lot 15, did in fact encroach upon and overlap onto Lot 14, which Lot 14, but for said encroachment and overlapping, was an unimproved lot. On March 4, 1958, the guardian filed a petition denominated a “Return of Sale of Real Property and Petition for Confirmation.” This petition set forth, among other things, that the property to be sold was the easterly 30 feet of Lot 15 heretofore mentioned; that the incompetent was the…