Hammick Et Ux. v. Gilbert

This suit was instituted to enjoin the prosecution of a forcible entry and detainer suit before a Justice of the Peace to regain a tract of land upon which the complainants were living. The ground is that the foreclosure proceeding under which the plaintiff in the forcible entry and detainer suit derived title was void, and that the trust deed passed no title to the purchaser entitling him to the possession of the property. It is admitted that the obligation was in default at the time of the foreclosure, but it is insisted the foreclosure was void because made upon a legal holiday, June 3,…