Federal Land Bank of Springfield v. State

Order affirmed, with costs. Memorandum: We concur in the view expressed in the memorandum opinion of the Court of *937Claims. (See post, p. 937.) If there were here an award, it would be the duty of the court to act favorably to the plaintiff under section 28 of the Court of Claims Act, but the basis of action fails in the absence of an award or proceeding under which an award can be made. The record discloses that the State has agreed to pay the owners for the appropriated land the sum of $775 and has not fulfilled its contract. The claimant, a mortgagee, should have a lien on this contract, or…