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

Eliza J. Stone and Frank D. Stone, her husband,
Plaintiffs, vs.. Henry G. Lucas and Francis
Rowe Defendants.
In Common Pleas, Cuyahoga County Ohio.
HNHE said Henry G. Lucas and Francis
Rowe will take notice that on the 2d day of
January, 1855, 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
Of which petition is to recover the sum Of S902, co.
with interest thereon from January I'D, 1862
Sald petition sets forth that on the I'D day Of
July, 1856, Samuel c. Ives, then IN life, and the
owner Of property described in lease, copy
of which Is attached TO said petition, and known
as the Ives Cleveland Brewery, and its sppur-
tenanees, casks, barrels, &C, entered into con-
tract oflease 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-
bsted, appointed John G. Grsnnis his executor,
who duly qualified and entered upon his eIeeu-
torship. That the Plaintiff, ElzaJ Stone, is the
sole heir OF the said Samuel c. Ives, and the sole
devisee and legatee Of the property named in
said lease. That said J. c. Granns, 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 Of all 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 the same to return in as
good condition N 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 7, 152 casks, ofWhoh {, ,7OI were
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-
ber 9Th, 1856 two hundred and ten barrels, and
on or before the 9Th day Of November, 1856, forty
barrels Of the value OF 81 % 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 2OI barrels sold by
said Samuel G. Ives after the date Of said origi-
nal lease, and to the use Of which defendants
were entitled by said lease S402 co. being the val
ne 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 sald 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 as Aforesaid, and
| they should have been returned at the terTnina-
ton Of said lease or within months thereafter,
! to wit: on or before January p 1862; yet de-
| PENDANTS have failed TO return them or any por-
ton Of them; wherefore judgment is asked as
above stated. Defendants viii answer bv Nq-ol
Z, 1868, or judgment will be taken BY ae.>l4.
Jan. 5, 1858. RANEEY, BACKUs& NOBLE,
ian6427 90 Plaintiffs Att'vs.