Opinion
Decided December 4, 1902.
PROBATE APPEAL. Transferred from the May term, 1902, of the superior court by Pike, J.
Burleigh Adams, for the plaintiff.
James L. Wilson, for the defendant.
As the case merely reports the evidentiary facts before the superior court bearing upon the question of a homestead, without a ruling either of law or of fact thereon, and as that court might find from the evidence, as a matter of fact, that the land in controversy was not a part of the home place, it is not deemed advisable to decide at this time a legal question that may never arise.
Case discharged.
All concurred.