Shepherd v. Rice

This is an appeal from a final decree in partition of certain lands between these parties. An important question is presented at the outset as to what may properly be considered upon this appeal.

The bill was filed in November, 1866, proofs were taken, a hearing had, and a decree rendered upon the 13th day of June, 1868. By this decree it was ordered, adjudged and decreed that “the legal estate and rights of the several parties in this cause to the premises described in the bill of complaint are as follows”:

That Elisha Shepherd was seized and entitled to an estate in fee of an undivided two…