Charles D. McMurray, Respondents v. John G. McMurray, Appellant

Summary

The Court affirmed the lower court's judgment, holding that the foreclosure decree entered against infant plaintiffs without a guardian ad litem was voidable, not void, and could be set aside. It found fraud and collusion in the executrix's conveyance and required the defendant, as mortgagee in possession, to account for surplus proceeds. The Court also held that the plaintiffs' delay did not bar their action because it was within the statutory period and caused no prejudice.