Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-02-06

Eliza J. Stone and Frank b. stone, her husband,
plaintiffs, vs.. Henry G. Lucas and Francis
Rowe, Defendants.
In Common Pleas, Cuyahoga County Ohio.
THE said Henry q. Lucas and Francis
Rowe will take notice that on the I'd day OF
Ts6uary. Is69. the said Plaintiffs fled their petit
ton in the Court Of Common Pleas, IN and FOR The
County Of Cuyahoga, Ohio the OBJECT ana prayer
Of which petition is to recover the sum OF SsO2lOoi
with interest thereon from January I'd lso@-
Sa1d petition sets forth that on the I'D day Of
July, 1856, Samuel Q. Ives, then N liei and the
owner of property described in q lease, copy
Of which is attached 70 SAID Peauon' and known
as the Ives Cleveland Brewery and is aPpuT-
tenances, casks, barrels &C. entered INTO con-
tract Of lease Of said property WITH defendants
which was duly recorded Ia CuyRhoga 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 @. Grannis bis executor,
who duly qualified and entered upon his eXecu-
torsbip That the Plaintiff, Eliza J. Stone, is the
sole heir Of the said Samuel o. Ives, and the sole
| devisee and legatee Of the property named IN
/ said lease. That said j. G. Grannis, executor on
the sth day Of May, 1861, assigned said lea5e 10
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 we're obliged within six months
from the termination Of the same to return in as
] good condition in all respect as when received
/ DV r1erls all the GdahH VI every AcaGAApsADtA
named in said lease which should come into
their possession during said term
| That there came into deten ants possession
during said term 7,l52 casks Of which 6,l0l were
released for the period Of one year to said Lucas
on July p, 1851, The said Eliza j. suppOslng 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
or or before the 9th day Of November, 1885, forty
barrels Of the value OfS2 90 each, and ofthe total
/ value OF $500 90. That on Msy 18th, 1858, ssid
/ Grannis as executor as Aforesaid, paid over 70
/ said defendants to replace 2Ol barrels sold BY
said Samuel @. Ives after the date Of said origi-
| nal lease, and to the uss OF which defendants
were entitled by said lease, SA0Z OOs being the val
ue Of the last named barrels, with which said
/ sum- was the duty Of said defendants 70 have
/ procured POI barrels Of the value Aforesaid and
| to have accounted for the same as barrels en-
braced in SAID original lease That neither SAID
2lO barrels, nor said 40 barrels, nor the barrels
/ which should have been so brought and account
/ ed for we're embraced in the barrels 80 released
bv sald Eliza j., to said Lucas Is Aforesaid, and
| they should have been returned at the termina-
ton Of said lease or within months thereafter,
/ to wit on or before January q 1852; yet de-
/ fendants have failed to return them or any por-
| ton Of them; wherefore judgment is asked as
sbove stated. Defendants will answer By March
| 7, 1853, or judgment will be taken by default
! against them.
Jan. S, 1858. RANNET, BACKUsS 3 NOBLE,
iaus:42T Plaintiffs Att'ys.