Weber

In the year 1936, appellees being the owners of lot 9 in block 4611, and lot 11 in block 4616, situate in the City and County of San Francisco, State of California, failed and neglected to pay the general taxes levied as state and municipal taxes for that year. Said taxes having become delinquent, said property was sold to the State of California on the 25th day of June, 1937, pursuant to the provisions of section 3436 of the Revenue and Taxation Code of the State of California. The taxes for the years 1937-1938, 1939, 1940 and 1941, which were levied and assessed against said property, also became delinquent.

On April 4, 1942, the Government of the United States instituted proceedings in the District Court to condemn certain lands, of which the lands above described formed a part, and obtained an order of immediate possession on the same day. A declaration of taking was signed April 15, 1942, pursuant to the act of February 26, 1931, 40 U.S.C.A. § 258a. 1 On April 22, 1942, an ex parte judgment was entered ordering *1005 immediate possession and delivery of the property.

On August 6, 1942, appellant filed an answer. An amended declaration of taking was filed December 12, 1942,…