Thibodo

The plaintiff Thibodo is here appealing from a judgment dismissing his complaint without leave to plead further. On August 24, 1931, the Treasurer of the City of National City, California, apparently in conformity with state law, issued to appellant certain street improvement bonds. The bonds in suit according to law provided that they be paid in ten annual installments beginning January 2, 1932, and constituted liens on the lands in suit. Appellant has continued to own and does now own- these bonds and no payment of principal or interest has ever been paid thereon.

On or about February 9, 1943, the United States brought an action in the District Court for the Southern District of California to condemn land, including the land in suit, and thereupon filed a Declaration of Taking and the court made its order of possession in pursuance thereof. Title 40, U.S.C.A. § 258a.

Appellant was not made a party to the -above action, and was not served with summons.

On November 23, 1948, appellant filed this action in the district court, asking for judgment against the United States in the amount of the principal and interest on the bonds and that it be decreed that each bond constitute a…