The only question involved in this case, upon the present transcript, is as to the right or capacity of a non-resident alien to acquire real estate in this State by descent. So far as this right or capacity depends upon the construction of the act of 1858 (Rev., §§ 2188 to 2193) the judgment of the District Court must stand affirmed, by reason of the different views of the members of this court, which may be found in Purczell v. Smidt, ante.

Affirmed.