Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-01-26

Eliza ]. Stone and Frank D. Stone, her husband,
plaintiffs, vs.. Henry G. Lucas and Francis
Rowe, Defendants.
In Common Pleas, Cuyahogs County Ohio.
TEHE said Henry g. Lucas and Francis
Rowe will take notice that on the I'd day OF
January lSG3 the said Plaintiffs fled their peti
ton in the Court of Common Pleas, in and for the
County of CuyahOga, Ohio, the object and prayer
ofwhich petition is to recover the sum OF sy0ZiOO
with interest thereon from January I'D, 1892
| Sald petition sets forth that on the I'D day Of
July. 1856 Samuel @. Ives, then N life, and the
| owner Of property described IN lease, copy
| ofwhich Is attached to said petition, and known
/ as the Ives Cleveland Brewery and It's appur-
tenances casks, barrels, &c, entered into con-
| tract flease of said property with defendants
| which was duly recorded in Cuyahoga county
| Records That On August sd, 1856, said Ives
| died intestate, having BY the terms OF MS last
! will and testament, which has been duly pro-
| hated appointed John G. GrannIs his executor
who duly qualified and entered upon his exeeu-
tOrship That the Plaintiff Eliza J. Stone, is the
/ sole heir Of the said Samuel c. Ives and the sole
| devsee and legatee Of the property named IN
said lease That said ]. G. Grannisi 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 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 ~ the terms OF sald
| 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
NNa
/ named in said lease which should come into
/ their possession during said term
/ That there came into defeuIants g possession
| durnp said term 7,I52 casks, of Whicn 6,7Ol we're
re eosed for the period Of one year 10 said Lucas
! on JulvZ2, 1S6I, 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
tact there came into Defendants hands BY virtue
/ Of the same, in good order on or before Novem-
! ber 9Th, 1856, two hundred and ten barrels, and
on or before the 9Th day OF November 1870, forty
barrels of the value ofS2 90 each, and ofthe total
value Of $500 90. That on May 18th, lS5s, said
/ Grannis as executor as Aforesaid, paid over to
said defendants to replace 2M barrels sold by
said Samuel c.. Ives after the date OF SAID ougl'
nal lease, and to the uss Of which defendants
we're entitled by said lease, S402 co. being the val
! ne Of the last named barrels with which salc
sum it was the duty Of said defendants 70 have
procured 201 barrels Of the value Aforesaid anc
to have accounted for the same as barrels en-
braced in sad original lease That neither salc
90 barrels, nor said 40 barrels, nor the barrel:
| which should have been so brought and account
| ed for, were embraced in the barrels so released
by said Eliza j., to said Lucas as Aforesaid, anC
they should have been returned at the termlna
ton Of said lease or within months thereafter
! to wit on or before January p, ls62i yet de
| PENDANTS have failed to return them or any por
| ton Of them; wherefore judgment Is asked q
above stated. Defendants viii answer by marct
7, 1868, or judgment will be taken by detaui
against them. - .. 1890, ,-,,rr,
Jan. s, 1868. RANNET, BACKUS6 NOBLE,
iau6:427 Plaintiffs Att'ys.