111 Ky. 646 | Ky. Ct. App. | 1901
Opinion or the court by
Reversing.
It is substantially alleged in the petition that the appellant was, and had been for miany • years, a citizen of Marion county, residing and making his home upon his farm,, owned by him, -a few miles from Lebanon; thlat his farm and a dwelling thereon constituted his hO-m-e, -and the proceeds- of his cultivation and management of the farm were the source of his income from which he derives .support for himself and family, and that he hia-d no other ■business; that a short time since, desiring to have his children within convenient -access to the schools in the city of Lebanon while they were of school age; he, with
We deem it unnecessary to recite in detail the evidence at length introduced by the parties. Nor is it necessary to enter into an 'extended discussion of the law in respect to the domicile of a party, nor what it takes †0' constitute a domicile, to acquire one, or to lose one’s1 domicile. An extended discussion of these questions may be found in 10 Am. & Eng. Ency. Law (2 Ed.) p. 18 et seq. The intention of a party to hold or acquire his domicile is always a very material fact, and is entitled to much weight in determining the legal domicile of a party. Notwithstanding this, the manifest actions and conduct of a party may be properly held to fix and determine his true- domicile despite his declared intention. In the case at bar it is clear that appellant never became domiciled in-.Lebanon unless he became so by reason of the facts1 occurring within two years preceding this litigation. His domicile was certainly in the county, not far from' Lebanon, but outside of it. His only business is farming. He cultivates his farm-, or has it cultivated. Part of his. household goods remains in his house on his farm. He retains the right to remove his family back to his house at any time, and he says he spends most of his time on the farm, and that he removed his family to Lebanon to stay only while