Chitty v. . Chitty

There was judgment for the defendant, and plaintiff appealed.

The facts appear in the opinion of the Court. The facts found by the referee and sustained by the Court are as follows:

1. That plaintiff, in November, 1887, owned and occupied as his home place the land now in controversy, and left the State in that month to avoid a warrant out against him for false pretense, (648) with the intention of returning as soon as the case against him should be thrown out of court, and that his wife and children remained on the place until plaintiff returned, about Christmas, 1889; that the plaintiff spent…