Judge Wash agreed that the lower court's jury instructions had been given in error, but insisted that intent was an essential element of residence. “A bare removal into the State can form no ground on which to set up the claim; especially when it is shown that the removal is not made with a view to residence. The intention of the owner as previously declared, is the only evidence that can exist in such a case...The intention with which a thing is done gives color and character to almost every trans[ac]tion.”
