Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-02-03

Eliza J. Stone and Frank D. Stone, her husband,
Plaintiffs, Henry 6. 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 dsy of
January 1868, the said Plaintiffs filed their peti-
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 S902OO
with interest thereon from January I'D, 1861
SAID petition sets forth that on the I'D day Of
July, 1856, Samuel G. Ives, then IN life, and the
owner Of property described in lease, copy
ofWhich is attached to said petition, and known
as the Ives Cleveland Brewery, and its appur-
tenances, casks, barrels, &C, entered into a con-
tract flease Of said property with defendants
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 O. Grannis his executor,
who duly qualified snd entsrod upon his eXecu-
torship. That the Plaintiff, Eliza J. Stone is the
sole heir Of the said Samuel G. 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 ofall 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 he same to return in as
good condition in all respect as when received
by them, all the casks Of every description
named in said lease which should come into
their possession during said term.
That there came into defendant's possession
during said term T,l52 casks, Of which 6,TOI we're
released for the period Of one year to said Lucas
on July p, 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 OF before the 9Th day Of November, 1856 forty
barrels Of the value Of 81 O0each and ofthe total
value Of $500 90. That on May 18th, 1858, said /
Grannis as executor as Aforesaid, paid over to |
said defendants to replace 201 barrels sold BY i
said Samuel G. Ives after the date Of said orip-
nal lease, and to the use Of which defendants /
we're entitled by said lease, SlO2 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 L
to have accounted for the same as barrels en-
braced in sad original lease. That neither said /
30 barrels, nor said 20 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., 20 said Lucas as Aforesaid, and /
they should have been returned at the terfninR- i
ton Of said lease or within months thereafter
to wit on or before January p, 1862 yet de- i
fendants have failed 10 return them OF any por-
ton Of them; wherefore judgment is asked as 1
above stated Defendants will answer by March Il
7, 1868, OF judgment will be taken BY default |
against them.
Jan. 5, 1868. RANNEY, BACKUs& & NOBLE.
ian6;427 Plaintiffs Att'Ys.