Cooper v. Hamilton, Etc., B. & L. Ass'n

The defendant building and loan association in this case claims title to certain premises under the foreclosure of a deed of trust, executed by Cooper and wife, to secure a debt due the association. The complainants 'claim homestead in the premises, and the bill is filed to secure the same and enjoin the association from taking possession under their foreclosure proceeding.

The theory of the bill is, that the deed of trust which has been foreclosed was acknowledged before one E. Y. Chapin, a Notary Public, and that the acknowledgment is illegal and void, because the Notary, when he took the…