Page:Federal Reporter, 1st Series, Volume 5.djvu/538

5S6 A., FEDEBdli sBEPORTBB. �'cause, àk this/iit TFas betweea different parties 'pJaintiff, who were HDt.priYiefc,'(;[Flie Jackscm poimty administrator is not the successor of the Multnomah one. On.ilie contrary, he claims title- to the eetate o£ tiae 'deceased .%■ a distinct and independent,' if not an^advierae grant.- SHis suit proceeds .iupoja the assmption that Daiis imas not the adminietrator, and that therefore his action tdreooterd&naagëa belonging to the estante, of the deceased was' amillityàndi ôf no effect. �iThe defence that the.libellafati.waa aotiever administra- tor" of the deceased, involves the inquiry: (1) Did the eounty'bourfof Multnomah county, have jurisdiction to grant the administration of the estate of the deceased to Davis when and as it did ? :(ii) Can the decree'of saidicoujrt making said grant. beatiacked eollateii»Ily?iVThe jurisdiction to grant let- terS of administration upon ferkins' estate was vested in the connty court of the couni^^ of wbich the deceased, "at or im- mediately before his deàth, wàs an inhabitant "-^"in whatever place hemay have died." Orôgori Civ. Code, §§ 1051, 1053. �And firist, as to the fact^of what cbunty ■Wàs the deceased j"an inhal)itant" at or immediately "befoië his death ? In the consideration of this. question çounsel for the libellant as- sumes that habitation and domicile are in this oase converti- ble terms, and that therefore a person isalwaysan inhabitant of the pllace in whioh he bas a domicile, and vice tierm. But I dô: not think that the term "icbabitant," as used in the stat- utë, is: the equivalent of the iechnical term "domicile." �' Ai habitation is a pliace'of abode- — a place to dwell in; and an inhabita.iit of a place is one who hà&an actual residence there. .But a perfeon's domicile is à place wherehe may reside in fact, or for-ûianypiiiposesfmay be deemed to reside. In- deedia person may have two domiciles at once; "as, forexatn- ple, if a fo'reignffiil,! coming to this eountijr, shouid establish two hGUBi3S;,ori'elrl New' York and the other in New Orleans, and pasa)ohehaM:the;year ih each, he would, for most put- posesi' have fwo domiciles." Bouvier; Domicile. - ' �. , A na!an's domicile, as the word implies, is'his house,';hi5 home ; and; itmay. continue toibeau'ch for yearsy withoutbeinig ����