Nicholson

Arthur H. Nicholson, a defendant in a condemnation action brought by the United States in the District Court for the District of Nevada, appeals from an “Order and Judgment” entered in such action on July 29, 1950, whereby he was denied any share in the award made in the action.

The judgment ordered that an entire award of $7000. for property taken and designated in the complaint as Parcel Eight be paid to Celia Weaver, also a defendant in the action, less $300. of such award which the court directed to be paid to Nicholson because, as the trial judge observed, Nicholson’s “efforts and the efforts of his attorney contributed to the jury’s verdict fixing compensation for the land here involved in the sum of $7000.” The record clearly shows that the $300. allowed was not to be paid as a share of the award.

As the instant problem' in the District Court and in this court relates solely to the distribution of the fund provided by the Government to pay the award of the jury for the acquisition of the “full fee simple title” to Pdrcel Eight, the dispute in suit is one entirely between appellant Nicholson and appellee Celia Weaver as to their rights to share in the award according to…