Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-02-12
LEGAL NOTICES.

Eliza J. Stone and Frank D. Stone, her husband,
Plaintiffs, VS.. Henry 6. Lucas and Francis
Rowe, Defendants.
In Common Pleas, Cuyahoga County Ohio.
HHE said Henry g. Lucas and Francis
Rowe will take notice that on the I'd day OF
January, 1868, the said Plaintiffs filed their pet-
ton in the Court of Common Pleas, in and for the
County Of Cuyahoga, Ohio, the object and prayer
of which petition is to recover the sum OF $4,000,
with interest thereon from January I'D, lSG2-
Sald petition sets forth that on the 22d day of
July, 1856, Samuel G. Ives, then IN life and the
owner Of property described in a lease, a copy
OF which 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 was duly recorded in Cuyahoga county
Records. That on August Esd, 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 execu-
torship. That the Plaintiff, Eliza j. Stone, is the
sole heir Of the said samuel @. 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, 1851, assigned said lease to
said Eliza J. Stone, then Eliza J. Ives, but since
married to said Frank D. Stone. That she IL
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 we're Obliged within six months
from the termination Of the same to return in as
good condition in all respect as when received
named in said lease which should come into
their possession during said term
That there came into defen ants possession
during said term 7, ,152 casks, of which 6,7Ol were
re eased for the period OF one yesr TO said Lucas
on July %, 1861, the said Eliza J., suppOslng al
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 defendant's 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 ofNOvember, 1886, forty
barrels of the value ofS2 90 each, and ofthe total
value Of $500 90. That on May 18th, 1858, said
| Grannis as executor as Aforesaid, paid over 10
| said defendants to replace 20l barrels sold by
said Samuel G. Ives after the date Of said orig
nal lease, and 10 the use Of which defendant Is
we're entitled by said lease, Si02 90, being the val
ue of the last named barrels, with which SAID
| sum it was the duty Of sad defendants to have
| procured 2Ol barrels Of the value aforesaid and
/ to have accounted for the same as barrels en-
! braced in SAID original lease That neither said
80 barrels, nor said 40 barrels, nor the barrels
| which should have been SO brought and account,
/ ed for, we're embraced in the barrels so released
by said Eliza j., to said Lucas as aforesaid, and
! they should have been returned at the terlnpa
/ ton of said lease or within months thereafter
| to wit on or before January %, 1902 yet de-
/ PENDANTS have fsiled to return them or any Pof
I ton OF them; wherefore judgment Is asked a.
| above stated. Defendants will answer by March
Z, 1863, or judgment viii be taken by deiau!
/ against them.
Jan. s, 1853 RANNEY, BACKUs6 NOBLE,
| ian6:427 Plaintiffs Att'ys