Supreme Court of Missouri October 15, 1859 (Pipkin v. Allen)

Scott,. Judge,

delivered the opinion of the court.

The question whether the plaintiffs and .defendants were tenants in common of the land in controversy was not raised on the trial in the court below ; it is not, therefore, regularly here. But we will consider whether there is any foundation for that objection. Boyle was possessed of a large tract of land.