Cleveland tri-weekly leader. [volume] (Cleveland, Ohio) 1854-1885, 1863-01-13

Plaintiffs, VS.. Henry c. Lucas and Francis
Rowe, Defendants.
In Common Pleas, Cuyahoga County Ohio.
THE said Henry g. Lucas and Francis
Rowe will take notice that on the I'd day Of
January 1853 the said Plaintiffs filed their petit
tion 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 ss0Z 90,
with interest thereon from January I'd, 1862 =
SAID 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 a lease, copy
ofwhich IS attached to said petition, and known
q the Ives Cleveland Brewery, and its appur-
tanapeeS Gas ks 6arrels, az, enteEed into con
yicb 1as Jl,lv racorsd in Cnvaboa Count,
Records. That on August 23d, 1856, said Ives
died mtestate, having by the terms of his last
will and testament which has been duly pro-
bated, appointed John g. Grannis his executor,
who duly Qualified and entered upon his execu-
torshp That the Plaintiff, Eliza J. Stone, is the
sole heir Of the said Samuel c. Ives and the sole
deyisee and legatee Of t9e property named in
said lease That said ]. 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 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 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 defendants possession
during said term 1852 casks, of which 6,7O1 were
released for the period Of one year to saidLucas
on July % 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 NoYem-
Der 9Th, 1856, two hundred and ten barrels, and
on or before the 9Th day ef November, 1856, forty
barrels Of the value Of 81 100 each, and ofthe total
value OF $500 90. That on May 18th, 1858, said
Grannis as executor IS 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 S4O2 90, being the val
ue Of the last named barrels, with which sad
sum it was the duty Of said defendants to have
procured 2OI barrels Of the value aforesaid and
to have accounted for the same as barrels en-
braced in sad original lease. That neither said
30 barrels, nor said 40 barrels, nor the barrels
which should have been 50 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 terInlna-
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 will answer by March
7, 1868, or judgment will be taken by default
against them.
Jan 5, 1868. RANNBF, BACKUs& 4 NOBLE,
ian6:427 Plaintiffs Att'ys.