Bowen v. Byrne
Illinois Supreme Court
Writ of Error to the County Court of LaSalle county; the Hon. P. K. Leland, Judge, presiding. On the tenth of May, 1865, Shaw executed and delivered to Bowen, a mortgage upon certain lots in the city of LaSalle, to secure certain promissory notes due to the latter.
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Writ of Error to the County Court of LaSalle county; the Hon. P. K. Leland, Judge, presiding. On the tenth of May, 1865, Shaw executed and delivered to Bowen, a mortgage upon certain lots in the city of LaSalle, to secure certain promissory notes due to the latter. Byrne, claiming to have purchased the lots from the mortgagor, filed his bill in chancery in the court below, for the purpose of having the mortgage declared void, for the reason that neither the mortgage, nor the notes to secure which it was given, had stamps placed thereon, as required by act of congress. Upon a hearing, the…
1Opinion of the Court
Per Curiam :
Defendant in error filed a bill to enjoin the collection of a note and mortgage, because they were not stamped according to the act of congress, and that the same be cancelled, and for naught held. He claimed to be the owner of the mortgaged property.
This court has frequently decided, that a stamp is not necessary to the validity of such instruments, and to their admissibility as evidence, in the courts. Latham v. Smith, 45 Ill. 29; Craig v. Dimock, 47 Ill. 308; Bunker v. Green, 48 Ill. 243 ; Hanford v. Obrecht, 49 Ill. 146.
The decree must be reversed and cause remanded.
Decree…
2Cases cited4 opinions
- Craig v. DimockIllinois Supreme Court · 1868
- Bunker v. GreenIllinois Supreme Court · 1868
- Hanford v. ObrechtIllinois Supreme Court · 1868
- Latham v. SmithIllinois Supreme Court · 1867
3Cited by3 opinions
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- Watson v. MirikeCourt of Appeals of Texas · 1901
- National Masonic Accident Ass'n v. SeedAppellate Court of Illinois · 1901