Kirkland v. Kirkland

COLEMAN, Justice:

The parties to this suit are three brothers. Dorsey Kirkland filed his bill of complaint against his brothers, Robert Kirkland and Herbert Kirkland. We will sometimes refer to Dorsey Kirkland as complainant. In the original bill filed April 17, 1963, Robert and Herbert are both named as respondents although complainant sought an injunction against Robert only and sought no relief against Herbert.

Complainant alleged that Robert had placed a gate across a certain private road or way, which complainant had previously used in going to and from his 130-acre farm, and that Robert…