Des Champs v. Mims

The opinion of the Court was delivered by

Mr. Justice Cothran.

This is an action for the recovery of real estate and for damages for its use and occupation.

The plaintiff traces his title to his grandfather L. H. Des Champs, who devised certain real estate, of which that in controversy was a part, to his living children for life, remainder to their children.

The father of the plaintiff was C. D. Des Champs, a son of the testator; the plaintiff was his only child.

After the death of the testator, the children partitioned the land among themselves; the father of the plaintiff was allotted a tract of…