O'Neil v. Meccia

Defendant Vito Meccia in November, 1936, obtained by default a judgment of foreclosure and sale against plaintiff as executrix of Nellie Gray, upon a bond and mortgage executed by the testatrix. This suit in equity is instituted by plaintiff to set aside and restrain the enforcement of that judgment upon the ground the plaintiff’s default and the consequent judgment were induced by fraud. Defendants move to dismiss the complaint upon the ground it fails to state facts sufficient to constitute a cause of action. Granting to the complaint every favorable inference *986from the facts pleaded, to…