“ In their answer the defendants deraigned their title from the children and grandchildren of a deceased sister of Toop, who, it was alleged, were American citizens at the time of Toop's death. Without denying the kinship of the plaintiffs to Toop, as they alleged, it was asserted that as aliens they were incapacitated from taking by inheritance or holding real estate in the state of Nebraska, in virtue of a law of that state which was in force at the time of Toop's death. ”

“ The case was submitted to the court on an agreed statement of facts and was decided against the plaintiffs on the ground that applying the state law prohibiting nonresident aliens 'from acquiring title to or taking or holding any lands or real estate in this state by descent, devise, purchase, or otherwise,' etc. (act of March 16, 1889, Comp. Stat. 1907, § 4825) , the plaintiffs had no interest in the property for which they sued. ”