Appropriation of Lands of Wyatt

OPINION

By NICHOLS, PJ.

This action arose in the Common Pleas Court of Shelby County and involves the diverse claim of Ruth Wilson Wyatt and Raeburn E. Barnes to a fund deposited in that court upon appropriation of certain lands by the Department of Highways for the construction and improvement *451of State Route No. U. S. 25 in Shelby County, Ohio, the Department having filed in the Common Pleas Court a sum of money equivalent to the value of the land taken, and having caused summons to be served upon the several defendants, including Ruth Wilson Wyatt and Raeburn E. Barnes. No appeal was taken…