Simons

On February 23, 1943, appellee (the United States) commenced a proceeding for the condemnation of lands, including tracts K-765, K-799 and K-803, in Benton County, Washington, and obtained an order granting it immediate possession thereof. At that time, tract K-765 was owned by Harry Simons, tract K-799 was owned by appellants (Virgel O. Simons and Margaret Simons), and tract K-803 was owned by appellants and Harry Simons. Appellee took possession of tracts K-765, K-799 and K-803 on May 15, 1943. However, instead of acquiring these tracts by condemnation, it acquired them by purchase. Options to purchase them for sums aggregating $3,625 were obtained by appellee from appellants and Harry Simons on April 11, 1943, and *906 were exercised by appellee in July, 1943. 1 On December 14, 1943, appellee moved for and obtained an order dismissing the proceeding as to tract Kt803. On January 29, 1944, it moved for and obtained orders dismissing the proceeding as to tracts K-765 and K-799. None of the dismissal orders was appealed from.

On an undisclosed date between January 29, 1944, and August 1, 1945, Harry Simons died, leaving as his only heir appellant Virgel O. Simons. A petition to…