Mortgagor’s guardian sought to consolidate the guardianship proceeding with mortgagee’s action to foreclose the mortgage and the guardian’s quiet title action to vacate the deed based on fraud and undue influence. The Appellate Division reversed the lower court’s order consolidating the three actions before the surrogates court. The mortgagor was declared incompetent after he granted the mortgage, after the foreclosure was commenced, and after he commeneced the quiet title. The foreclosure and quiet title actions therefore had no common questions of law and fact with the guardianship proceeding.