Rhodes v. Schofield

This is an appeal from a final decree in equity rendered on a trial heard on testimony given ore tenus before the trial judge.

The bill of complaint was filed by a married man and sought to vacate a mortgage alleged to have been executed by complainant and his wife to respondent to secure an alleged indebtedness of $5,000, borrowed for the purpose of paying to a corporation then being organized, the consideration for capital stock issued to him at the time.

The bill first alleges that complainant and his wife did not execute (sign) the mortgage at all, but complainant does not seem to rely on…