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Appeal by defendants from the interlocutory judgment and the final order of condemnation in a proceeding in eminent domain. The question is the amount of interest to which defendants are entitled.

The action was filed June 20, 1950. On February 1, 1951, plaintiff went into possession of the property sought to be condemned pursuant to an order therefor (Const., art. I, § 14) and has remained in possession ever since. The action was first tried in 1952, resulting in a jury verdict for $15,187.20. An interlocutory judgment was entered on July 7, 1952. On July 15, 1952, defendants served and filed notice of intention to move for a new trial. On July 16, 1952, plaintiff sent the county clerk this letter:

The check, payable to the county clerk, was enclosed with the letter. A copy of the letter was mailed to the attorney for defendants on July 16, 1952, and received by him.

The check for $18,311.71 purported to represent:

No motion was made by plaintiff and no order was made by the court under section 1254 of the Code of Civil Procedure with respect to the deposit of the $18,311.71.

The next day, July 17, 1952, a final order of condemnation was signed and entered. On September 12,…