Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-02-13

Eliza j. Stone and Frank D. Stone, her husband,
Plaintiffs, VS.. 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 day OF
January, 1868, the said Plaintiffs fled their petit
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 $1,000,
with interest thereon from January I'D, 1862 =
SAID petition sets forth that on the I'D day OF
July, 1856, Samuel G. Ives, then N lie and the
owner Of property described m lease, copy
ofwhich Is attached to said petition, and known
as the Ives Cleveland Brewery, and its appur-
tenances, casks, barrels, &C. entered into con-
tract oflease Of said property with defendants
which was duly recorded in CuyahOga county
Records. That on August sd, 1885, said Ives
died ntestare, having by the terms OF his last
will and testament, which has been duly pro-
bated, appointed John c. 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
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 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
| ~ them, all the casks Of every descrihSon
named in sand lease which should come INTO
their possession during said term. 49,.
| That there came into defendants possession
during said term T152 casks, Of which 6,70l were
released for the period Of one year 10 said Lucas
/ on July Y, 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 or before the 9Th day ofNOvember, 1856, forty
barrels Of the value offs 90 each, and ofthe total
/ value Of $500 90. That on Nay 18th, 1855 said
| Grannis as executor as Aforesaid pad over 70
| said defendants TO replace 20l barrels sold BY
/ said Samuel c. Ives after the date Of said org-
| nal lease, and to the use Of which defendants
were entitled by said lease, S402 90, being the val
/ ue Of the last named barrels with which sad
i 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-
/ braeed in sald original lease. That neither said
| 2l0 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
i by SAID Eliza j., to said Lucas as Aforesaid, and
/ thew should have been returned at the termina-
/ ton Of said lease or within months Thereafter
i to wit: on or before January 2, 1897 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
/ I, 1868, OF Judgment will be taken By deianlt
Jan. 5, 1868. RANNEY, BACKUs 4 NOBLE,
/ ianey427 Plaintiffs Attys-
II