Siberell

The appellants appeal from an order of the district court filed June 4, 1958, denying their motion to vacate a portion of a judgment entered November 1, 1957, awarding compensation for a mining claim condemned by the United States. The mining claim designated in the condemnation proceedings as Parcel 481 is located in San Bernardino County, State of California.

The appellants, brothers and sisters, are the heirs at law of their mother, Minnie Y. Siberell, and received their *62 interest in the property by operation of law on her death. The date of her death does not appear in the record, nor does it appear when she acquired an interest in said mining claim. The mother’s claim to an interest in said mining claim appeared of record in the Recorder’s Office of the County of San Bernardino under her correct name of Minnie V. Siberell.

The transcript of record before us discloses that on April 19, 1956, pursuant to Rule 71A, Federal Rules of Civil Procedure, 28 U.S.C.A., the United States filed a certificate for service by publication, listing Minnie v. Liberell as one of the defendants who could not be personally served in the action, because after diligent inquiry within the State…