FESS, J.
This is an appeal by defendant and cross-appeal by plaintiff on questions of law from a judgment entered upon a verdict for plaintiffs in the sum of $2,500.
In their petition, after reciting that the defendant is a municipal corporation, plaintiffs make the following allegations:
"Plaintiffs further say that in 1945 the defendant purchased from them 9.137 acres of land from Lyme township, Huron county, Ohio, and erected thereon a reservoir...
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