Rogers v. Torbert

The bill in this case is filed by the appellant, to set aside and cancel a mortgage executed by her and her husband, A. F. Rogers, on certain lands owned by her, given to secure a promissory note payable to one of the appellees, E. A. Torbert, which had been executed by them jointly, as co-makers with one John C. W. Rogers, for whom they were sureties. The land is claimed by the wife to be her separate statutory estate. The defendant and mortgagee, E. A. Torbert, makes an answer, which is prayed to be taken in the nature of a cross-bill against complainant, and by which he seeks a foreclosure…