Mitchell v. Mitchell

Ruffin, Judge.

In this contentious case involving five brothers and sisters, Richard Mitchell petitioned the probate court to enjoin his siblings from obstructing a private right of way to his home by maintaining a gate, shooting at him, and other means. See OCGA § 44-9-59. Mitchell lives in the northern most part of five parcels of land which his father deeded to the siblings, and the right of way (“the road”) crosses property belonging to two of his brothers. The probate court denied the petition for two reasons. First, the court found that Mitchell had not met the conditions set forth in…