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Nelson F. Shelton, Appellant, v. Clayton Tiffin and Lilburn P. Perry U.S. 163 (1848)

handle is hein.slavery/ussccases0291 and id is 1 raw text is: JANUARY TERM, 1848. 163 Shelton v. Tiffin et al. that Innerarity shall receive the money on the terms he offered, till near two years afterwards, when the money was lqst by. the insolvency of Blount and the bank. This assent- of the appellants to the terms of Innerarity came too late, after the money had been lost by their obstinate pertinacity in endeavours to compel him to accept it on their own terms. We are of opinion, therefore, that the Court of Appeals have not erred in refusing to credit .the appellants with this sum as a payment on the mortgage. The decree of the Court of Appeals of Florida is therefore affirmed. Order. * This cause came on to' be heard on the transcript of the record frbm the Court of Appeals for the Territory of Florida, and was argued by counsel. On consideration whereof, it is now here considered and decreed by this court, that the decree of the said Court of Appeals in this cause be and the same is hereby affirmed, with costs and damages at the rate of six per centum per annum, and that the time of redemption be ex- tended to six months from and after the filing of the mandate of this court in this case in the court below. NELSON F. ;HELTONi APPELLANT, V. CLAYTON TIFFIN AND LILBURN - P. PERRY. Where an individual has resided in a State for a considerable time, being engaged in the prosecution of business, he may w4l1 be presumed to be a citizen of such State wiless the contrary appear. And this principle is strengthened when the individual lives on a plantation and cultivates it with a large force, claiming and improving theproperty as hid own. On a thange of domicile from one State to another, citizenshi may depend upon the intention of the individual. But this intention may be stown more satisfac- torily by acts than declarations. An exercise of the right of sufirage is conclu- sive upon the subject; but acquiring a right of suffrage, accompanied by acts which show a permanent location, unexplained, may be sufficient. The facts, that the party and his wife were residents of Louisiana br more than two years before the commencement of the suit; that he was absent only once, on a visit to a watering-place; that he resided the greater part of the time on a plantation which he claimed as his own ; that he constructed upon it a more secure and comfortable dwelli' -house : that he observed to a witness that he considered himiself a resident,- are sufficient tq justify the Circuit Court of Lou- isiana in exercising juridiction in a suit brought against that 'party by a citizen of Missouri. Where fraud is alleged in a bill, and relief is prayed against a judgment and a judicial sale of property, a demurrer to the bill, that relief can be had at law, i&. not sustainable. Wfiere a citizen of Virginia sued, in the Circuit Court of Louisiana, two persons jointly, one of whom was a citizen of Louisiana and the other of Missouri, and an attorney appeared for both defendants, the citizen of Missouri is at liberty to

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