Bowen v. Byrne

Illinois Supreme Court

Bowen v. Byrne

55 Ill. 467

CourtIllinois Supreme Court

DecidedSeptember 15, 1870

StatusPublished

Cited by3 cases

This text of 55 Ill. 467 (Bowen v. Byrne) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bowen v. Byrne, 55 Ill. 467 (Ill. 1870).

Pincite

Opinion

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 reversed.

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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 reversed.

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Bluebook (online)

55 Ill. 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowen-v-byrne-ill-1870.

Opinion

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