Cox v. Zucker

I dissent from the rulings in headnotes 2, 3, and 4 and the corresponding divisions of the opinion and from the judgment of affirmance.

Zucker, by his equitable petition, alleging himself to be the owner of a described tract of land, sought to restrain Cox from using the driveway between his property and that of Cox as a means of access to a loading platform of a warehouse of Cox, located at the east end of the driveway. Ten months after Zucker filed his petition, Mrs. Bobbie C. Robertson filed her petition for intervention in the case, in which she alleged that “inadvertently she was not…