LEGAL.

FINNEY's LESSEE Us. HARDING
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 The question in this case arose on the act of l794, chap. p, commonly call the statute of descents. The precise point de- termined has not been heretofore adiudicated ill the courts of Tennessee. It IS this land descended from mother to an only daugh- ter-the husband of the mother married a second wife, by whom he had daughter after this, the daughter by the first wife died and the land was claimed by the daughter of the second wife as heir-it was also claim ed by nephew of the first wife-the lessee of the plaintiff. Harding, being in possession under a purchase from daughter of the se- cond wife, was sued. It was determined that the daughter of the second wife was heir to the daughter of the first wife, 10 the exclu- sion of the first wife's nephew. Or to state the decision more generally, it was held, that, when lands come by descent, brother or sister of the half blood, though not of the blood of the acquiring ancestor, is to be pre- ierred as heir to more remote collateral relations, although the latter may be of the blood of the acquiring ancestor.

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