Powell

Real property of this estate was sold at private sale. The sale was confirmed, full price paid, and administrator’s deed to the purchaser was executed and delivered. The administrator died and it developed that he had misappropriated the proceeds of the sale. On motion of an heir, the court vacated its order confirming sale, without any provision for repayment of the purchaser. Purchaser appeals.

Respondent’s sole contention, in the trial court and here, is that the order confirming sale is void because the return and petition for confirmation was unverified. There is no question that the sale was properly advertised and the petition for confirmation duly noticed. No suggestion of any impropriety on the part of the purchaser is made. Respondent heir does not even suggest that a better price could have been or can now be obtained. She neither appeared nor objected to the confirmation, and she has not appealed from that order. She stands wholly and solely on her claim that the order was void because the petition therefor was not verified.

She cites the statute requiring verification of return of sale (Prob. Code, § 755) and points to three decisions (Pryor v. Downey, 50 Cal. 388 […