Legal Opinion

Maxwell v. Lincoln & Fifth Ward Building & Loan Ass'n

Illinois Supreme Court

Decided June 23, 1905PublishedCited by 4 opinions

Appeal from the Superior Court of Cook county; the Hon. M. Kavanagh, Judge, presiding. This was a bill in chancery filed by the appellee, a building and loan association, against the appellants, husband-and wife, in the superior court of Cook county, to foreclose a mortgage bearing date December 2, 1895, given by appellants to the appellee, upon premises upon which the appellants resided as a homestead, to secure the payment to the appellee of the sum of $3950 for money…

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Appeal from the Superior Court of Cook county; the Hon. M. Kavanagh, Judge, presiding. This was a bill in chancery filed by the appellee, a building and loan association, against the appellants, husband-and wife, in the superior court of Cook county, to foreclose a mortgage bearing date December 2, 1895, given by appellants to the appellee, upon premises upon which the appellants resided as a homestead, to secure the payment to the appellee of the sum of $3950 for money loaned by it to them, with interest and penalties, which mortgage wa's acknowledged by the makers thereof before John A.…

1Opinion of the CourtJustice Hand

The only question raised and discussed in this court is the constitutionality of the act of May 15, 1903, (Hurd’s Stat. 1903, p. 447,) passed by the legislature after an opinion was filed by this court in Ogden Building and Loan Ass. v. Mensch, 196 Ill. 554, to legalize acknowledgments of deeds, mortgages and other instruments in writing made to corporations when the officer taking the acknowledgment was, at the time of taking the same, a stockholder in such corporation. The question here raised arises between the mortgagors and mortgagee, the rights of no other parties having intervened, as…

2Cases cited2 opinions

  1. Ogden Building & Loan Ass'n v. MenschIllinois Supreme Court · 1902
  2. Steger v. Traveling Men's Building & Loan Ass'nIllinois Supreme Court · 1904

3Cited by4 opinions

  1. Garlick v. Mutual Loan & Building Ass'nAppellate Court of Illinois · 1906
  2. Illinois Tractor Co. v. EnglishAppellate Court of Illinois · 1924
  3. Garlick v. Mutual Loan & Building Ass'nIllinois Supreme Court · 1908
  4. State Bank v. BarbarasAppellate Court of Illinois · 1929

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