Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-02-05

Eliza ]. Stone and Frank D. Stone, her husband,
Plaintiffs, vs.. Henry G. Lucas and Francis
Rowe, Defendants
In Common Pleas Cuyahoga County Ohio.
UNHE said Henry G. Lucas and Francis
Rowe will take notice that on the I'd day Of
January, 1868 the said Plaintiffs filed their petit
ton in the Court Of Common Pleas, in and for the
County OF Cuyahoga, Ohio, the object and prayer
Ofwhieh petition is to recover the sum Of s902,00
with interest thereon from january I'D, 1852 -
Sald petition sets forth that on the 22d day Of
July, 1856 Samuel G. Ives, then N life, and the
owner Of property described in a lease, 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 of lease Of said property with defendants,
which was duly recorded in CuyahOga county
Records That on August Sid, 1856, said Ives
died intestate, having oy tue terms OF his last
will and testament, which has been duly pro-
bated, appointed John C. Grannis his executor,
who duly qualified and entered upon his execu-
torship That the Plaintiff, ElizaJ Stone, is the
sole heir Of the said Samuel G. Ives, and the sole
devisee and legstee Of the property named in
said lease. That said J. c. Grannis, executor, on
the 8th day Of May, 1861, assigned said lease to
said Eliza j. Stone, then Eliza ]. 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 ont 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
NNH
named in said lease which should come into
their possession during said term.
That there came into defendants possession
during said term T. 152 casks, Of which 6,7Ol were
released for the period Of one year to said Lucas
on July % 1851, the said Eliza J., supposng al
the time that the false representations Of
said Lucas, that they we're all the casks which
had come into the hands Of defendants or either
Of them by virtue Of said original lease; but in
act there came into defendants hands BY virtue
Of the same, in good order on or before NoTem-
Der 9Th, 1856 two hundred and ten barrels, and
on OF before the 9Th day ofNoYember, 1856, forty
barrels Of the value ofs2 90 each, and ofthe total
value Of $500 90. That on May 18th, 1855, said
Grannis as executor as aforesaid, paid over TO
said defendants to replace 20l barrels sold BY
said Samuel c. Ives after the date Of said orig
nal lease, and to the use Of which defendants
were entitled by said lease, s402 90 being the val
ue 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
30 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- j
ton Of said lease or within months thereafter, ]
to wit on or before January e, 1867 yet de-
fandants have failed TO return them or any Por-
ton Of them; wherefore judgment IS asked a.
above stated. Defendants viii answer BY March i
Z 1868, or judgment will be taken by default
against them. -.
jan6:42I F,sIn,lH.- ~ vs