Rollo v. Bell

Citations

• 265 Pa. 503
• 109 A. 159
• 1920 Pa. LEXIS 468

Syllabus

<p>■ lies adjudicatei — Adoption—Refusal to vacate decree of adoption —Ejectment.</p> <p>In an action of ejectment where the defendant claims title as the sole heir of her adopted mother under a decree of adoption, the defendant is entitled to recover, where it appears that the plaintiff had previously petitioned the court to vacate the decree of adoption, alleging the same objections to its validity as raised at the trial of the ejectment; that the plaintiff and defendant were the sole parties to this proceeding; that the court refused to vacate the decree; and that no appeal was taken from the refusal within the statutory period. In such a case the validity of the adoption is res adjudicata in the ejectment suit.</p>