Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-01-17

EllLa d 1luub anu EEalh u GAOuef neE nQ5uanQr
Plaintiffs, Is. Henry G. Lucas and Francis
Rove, Defendants
In Common Pleas, Cuyahoga County Ohio.
HNHE said Henry G.. Lucas and Francis
Rowe viii 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 500, 90
with interest thereon from January I'D, 1852 -
SAID petition sets forth that on the I'D day Of
July, 1856, Samuel @. 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 appur-
tenances, casks, barrels, &C. entered into con-
tract Of lease Of said property with defendants,
which was duly recorded in CuyahOga county
Records. That on August 23d, 1856, said Ives
died ntestates having by the terms Of his last
bated, appointed John C. Grannis his executor,
who duly qualified and entered 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, 1901, 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 a.
good condition in all respect as when received
by them, all the casks Of every description
named IN SalQ lease Wnlen should come INTO
their possession during said term.
That there came into defen rant's possession
during said term l52 casks, Of which 6,7Ui were
re eeased for the period Of one year to said Lucas
on July p, 1861, the said Eliza J., supposing az
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 defendant 5 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 Of November, 1856, forty
barrels Of the value ofS2 % each, and ofthe total
value OF $500 90. That on May 18th, 1853 said
Grannis as executor as aforesaid, paid over to
said defendants to replace 20l barrels sold BY
said Samuel c. Ives after the date Of said origi-
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 SAID
sum it vas the duty Of SAID defendants to have
procured 20l barrels Of the value azores id and
TO have accounted for the same as barrels en- l
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 90 released Il
by SAID Elizs j., to said Lucas Aforesaid and L
they should have been returned at the termina-
ton Of said lease or within months thereafter, /
10 wit on or before January 2i ls62i yet de-
lendants have fsiled 70 return them or any por-
ton Of them; wherefore judgment Is asked as
above stated. Defendants vii answer by March 4
Z, 1858, or judgment VIII be taken BY default
Jan. s, 1853. BANNEY, BAcKUs& NOBLE,
jan6:427 Plaintiffs Att'ys.