Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-01-31
PALMER DENNIS, PTf's Attys.
January 1926.
Eliza ]. Stone and Frank D. Stone, her husband,
Plaintiffs, VS.. Henry G. Lucas and Francis
Rowe, Defendants.

Eliza ]. Stone and Frank D. Stone, her husband,
Plaintiffs, VS.. Henry G.. Lucas and Francis
Rowe, Defendants.
In Common Pleas, Cuyshoga County Ohio.
THE said Henry G. Lucas and Francis
Rowe will take notice that on the I'd day OF
january, 1868, the said Plaintiffs flied their petit
ton in the Court of Common Pleas, in and for the
County Of Cuyahoga, Ohio, the object and prayer
of whick petition is to recover the sum Of $4,000,
with interest thereon from January Z2d, 1862 =
SAID petition sets forth that on the 22d day of
July, 1856, Samuel C. Ives, then IN life, and the
owner of property described in a lease, q copy
ofWhich is attached to said petition, and known
as the Ives Cleveland Brewery, and its appur-
tenances, casks, barrels, &c. entered into con-
| tract oflease of said property with, defendants
which duly recorded in Cuyahoga county
Records. That on August 23d, 1856, said Ives
| died intestate, having by the terms Of his last
will and testament, which has been duly pro-
bated, appointed John G. Grannis his executor,
| who duly qualified and entered upon his eIeeU-
torship. That the Plaintiff, Eliza J. Stone is the
sole heir Of the said samuel C. Ives, and the sole
deVisee and legatee OF the property named IN
said lease. That said j. c. Grannis, executor, on
the Sth day of May, 1861, assigned said lease to
said Eliza j. Stone, then Eliza J. Ives, but since
married to said Frank D. Stone. That she is
now the sole owner Of said lease and of all the
property covered thereby and the rights grow
| ing out Of the same. That by the terms Of said
| lease defendants were obliged within six months
good condition in all respect as when received
| BY them, all the casks Of every description
named IN sad lease Wnlcn should come INTO
their possession during said term.
That there came into defen0ant's possession
during said term ,152 casks, of which 6,7OI were
released for the period of one year to said Lucas
| on July % 1861, the said Eliza J., supposing at
| the time that the false representations Of
said Lucas, that they were all the casks which
had come into the hands Of defendants or either
Of them by virtue Of said original lease; but in
fact there came into DEFENDANTS hands by virtue
| of the same, in good order on or before NOvem-
| Der 9Th, 1856, two hundred and ten barrels, and
on or before the 9Th day Of November 1856, forty
barrels of the value Of 90 each, and ofthe total
value of $500 co. That on May 18th, 1858, said
| Grannis as executor as Aforesaid, paid over 70
| said defendants to replace 20l barrels sold by
said Samuel G. Ives after the date of said origi-
nal lease, and to the use of which defendants
were entitled by said lease, S4O2 %, being the val
ne Of the last named barrels, with which saId
sum it was the duty OF said defendants to have
/ procured 20l barrels Of the value aforesaid and
| TO have accounted for the same as barrels en-
/ braced in SAID original lease That neither said
2IO barrels, nor said 40 barrels, nor the barrels
| which should have been so brought and account
ed for, were embraced in the barrels so released
| by SAID Eliza j., to said Lucas aforesaid, and
| they should have been returned at the termina-
| ton Of said lease or within months thereafter,
! to wit: on or before January p, 1862; yet de-
| PENDANTS have failed to return them or any pOr-
| ton of them; wherefore Judgment is asked as
| above stated. Defendants viii answer by March
7, 1868, or judgment viii be taken by default
against them.
Jan. 5, 1868. RANNEY, BACKUs& NOBLE
| jsn6:42T Plaintiffs Att'ys.