Coopman

Appellants petitioned the trial court for leave to amend the schedules of their petition in voluntary bankruptcy relating to the homestead exemption and for an order setting aside to Frances Coopman a homestead upon certain real estate occupied by her and' her husband as a home. Appellants’ application was denied and this appeal was taken from the order.

In their pétition appellants allege that on April 12, 1935, Frances Coopman executed and recorded a declaration of homestead; that this declaration was null and void because the commission of the notary public who took the acknowledgment had expired 15 days prior thereto (March 28, 1928); that on June 21, 1935, appellants filed a voluntary petition in bankruptcy in which they claimed the homestead as exempt, and on that day they were duly adjudged bankrupts. They allege that on July 20, 1935, at the first meeting of the creditors in the bankruptcy proceeding they ascertained for the first time that the declaration of homestead made and recorded June 21, 1935, was void; that on July 25, 1935, appellants recorded a new declaration of homestead. Appellants allege that at that time, although a judgment had been rendered against them…