Clarence A. Kolstad and Alta A. Kolstad v. United States

An action was commenced by the United States in the District Court for the District of Montana to condemn certain lands in connection with the Tiber Dam and Reservoir in north central Montana. Several different parcels of land were joined in the action. Parcels 10 and 11 were alleged to be owned by Clarence A. Kolstad and Alta A. Kol-stad, husband and wife. At the trial of the condemnation case before a jury, it developed from the testimony of appellant Clarence A. Kolstad that one portion of the property stood in his name alone, another portion of the property stood in the name of Alta A. Kolstad alone, and a third parcel stood in the name of Clarence A. Kolstad and Alta A. Kolstad as joint tenants. The Court then called a conference of counsel, out of the presence of the jury, and the Court indicated that it was its belief that three separate awards should be made covering the value of the three parcels.

It appears that property in the name of Clarence A. Kolstad consisted of 5,-180.7 acres, of which the Government was condemning in this action 3,780 acres; and that the land standing in the name of Alta A. Kolstad amounted to 4,699.87 acres, of which the Government was…