Haskell B. Warren, an Infant, by Edward P. Coyne, His Guardian Ad Litem, and Edward P. Coyne, as General Guardian of…

Summary

The New York Court of Appeals reversed the Appellate Division and affirmed the Special Term's order setting aside a mortgage of an infant's real estate. It held that the proceeding lacked jurisdiction because the infant's income and property were sufficient and the mortgage was intended solely to pay the guardian's personal debt, which the guardian alone was liable for. The court also affirmed that equity may vacate a judgment procured by fraud or collusion and that the complaint sufficiently alleged fraud without needing to label the acts as such.