Legal Opinion

Ballard v. Ward

Supreme Court of Pennsylvania

Decided March 24, 1879PublishedCited by 23 opinions

Error to the Court of Common Pleas of Bradford county: Of January Term 1877, No. 64. Ejectment by H. C. Ward, Henry Ward and Ellen Ward Miller against E, L. Ballard and Elizabeth his wife. • It appeared from the evidence that in 1869, C. L. Ward bought the property in dispute from William Hoffman, for $3000, paying $1000 on account. In May 1870, he died intestate, leaving a widow, H. O. Ward and two children, Henry Ward and Ellen Ward Miller.

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Error to the Court of Common Pleas of Bradford county: Of January Term 1877, No. 64. Ejectment by H. C. Ward, Henry Ward and Ellen Ward Miller against E, L. Ballard and Elizabeth his wife. • It appeared from the evidence that in 1869, C. L. Ward bought the property in dispute from William Hoffman, for $3000, paying $1000 on account. In May 1870, he died intestate, leaving a widow, H. O. Ward and two children, Henry Ward and Ellen Ward Miller. Letters of administration were taken out by the widow, who paid the remaining $2000 on the property, and had the deed therefor made from Hoffman to…

1Opinion of the CourtChief Justice Sharswoojd

Adoption in the Roman law was an act by which a person undertook to rear the child of another, and appoint such child as his heir. The Eleventh Title of the first book of the Institutes of Justinian is “De Adoptionibus,” and the first placitum of that title declares that “ adoption is made two ways, either by imperial rescript or authority of the magistrate. The imperial rescript empowers us to adopt persons of either sex who are sui juris, and this species of adoption is called arrogation. But it is by the authority of the magistrate that we adopt persons actually under the power of their…

2Cases cited1 opinion

  1. Stewart v. StewartSupreme Court of Pennsylvania · 1834

3Cited by23 opinions

  1. Schwab Adoption CaseSupreme Court of Pennsylvania · 1946
  2. Weinbach's AppealSupreme Court of Pennsylvania · 1934
  3. Carroll's EstateSupreme Court of Pennsylvania · 1908
  4. Book's EstateSupreme Court of Pennsylvania · 1929
  5. Estate of Lena HartzellSuperior Court of Pennsylvania · 1934

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