Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-01-27

Eliza ]. Stone and Frank d. Stone, her husband,
Plaintiffs, VS.. Henry G. Lucas and Francis
Rowe, Defendants.
In Common Pleas, CuyahOga County Ohio.
THE said Henry G. Lucas and Francis
Rowe viii take notice that on the I'd day Of
January, 1868, the said Plaintiffs fled their petit
ton in the Court Of Common Pleas, in and for the
County Of Cuyahoga1 Ohio, the object and prayer
Of which petition Is TO recover the sum OF s02 90
with interest thereon from January I'D, 1s62.-
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 lease, COPY
ofwhieh IS attached to said petition, and known
as the Ives Cleveland Brewery, and its appur-
tenances, casks, barrels, &e.l entered into con-
trsct OF lease Of said property with defendantsi
which was 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 e1eeu-
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
from the termination Of the same to return in as
good condition IN all respect as when received
7 -by- them, all the casks Of every description
named in sa d lease which should come into
their possession during said term.
That there came into defsndants possession
during SAID term T. l52 casks, Of which 6sTOl were
re eased for the period Of one year to said Lucas
on July %, 1861, the said Eliza j., supposng 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 NOYem-
Der 9Th, 1856, two hundred and ten barrels, and
on or before the 9Th day Of OfNovemberi 1856, forty
barrels ofthe value ofS2 90 each, and Ofthe total
value Of $500 90. That May 18th, 1858, said
Grsnnis as executor as aforesaid paid over 70
said defendants to replace 2Ol barrels sold BY
said Samuel c. Ives after the date Of said ortg-
nal lease, and TO the uss Of which defendants
were entitled BY said lease, S4O2 90 being the val
nc OF. the last named barrels, with which SAID
sum il was the duty Of said defendants to have
procured POI barrels OF the value-sfoTesald and
TO have accounted for the same a. barrels en-
braced in SAID original lease That neither SAID
2lO barrels, nor said 4O barrels, nor the barrels
which should have been so brought and nccount-
ed for, we're embraced in the barrels 50 released
by said Eliza j.. to said Lucas as Aforesaid, and
they should have been returned at the termina-
ton Of said lease or within months thereafter,
to wit on or before January 22 lS62i 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 will be taken BY default
against them.
Jan. 5, 1853. RANNET, BACKUs& 4 NOBLE,
isn6:427 Plaintiffs rs.