United States v. 211.59 Acres of Land, More or Less

Defendants have made, a motion for award of interest and a motion for modification of judgment. Both of these motions involve the same questions of law and fact and will therefore be disposed of together.

The proposed motions ask that the form of judgment lodged December 8, 1959, by the government be modified to allow interest at the rate of six per cent per annum on the entire deficiency between the declaration of taking deposit of $107,770 and the jury verdict of November 12, 1959 of $197,836.65.

The sole issue revolves around the question of whether the deposit of $82,-661 paid by plaintiff on June 30, 1959 into the registry of the Court precluded the running of further interest on such sum from June 30th to November 18, 1959.

A brief resume of the pertinent facts leading up to the present motions is in order at this point. This is an action for condemnation in which two actions have been consolidated, the first acting being for the taking of the leasehold and the second, being action numbered 38082, for the taking of the fee of the same land. We are concerned herein only with the second, or fee taking action.

The undisputed facts are as follows:— the complaint in civil…