Wynn

In order that a short statement of fact upon which the issues of this appeal are based may be intelligible, we present such statement with a recital of pertinent and applicable historical data.

Harry Wynn, appellant claims to be the owner of a six per cent royalty interest in all oil, gas, and other hydrocarbon substances produced from certain properties located at Playa del Rey in Los Angeles County in the State of California. On September 28, 1942, a suit in condemnation of part of such certain properties was filed in the United States District Court for the Southern District of California by the United States for the use of Reconstruction Finance Corporation. On December 26, 1942, the United States filed its Declaration of Taking in fee simple. The lands were required for use as an underground reservoir of natural gas in connection with the prosecution of the war effort. An evaluation proceeding was held and appellant was named as one of the defendants therein since he claimed an interest in the condemned property. After a hearing before a jury, a verdict was returned finding the fair market value of the condemned properties to total $194,-500. Judgment was entered upon the…