Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-01-22

Eliza J. Stone and Frank D. Stone, her husband,
plaintiffs, vs.. Henry G. Lucas and Francis
Rowe, Defendants.
In Common Pleas, Cuyahoga County Ohio.
THE said Henry G. Lucas and Francis
Rowe win take notice that on the I'd day Of
January, 1868, 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 tOrecOYer the sum Of 500, co.
with interest thereon from January ed, ls62-
SAID petition sets forth that on the 22d day Of
July, 1856, Samuel G. Ives, then IN life, and the
owner Of property described in a lease, a 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 Of lease Of said property with defendants
which was duly recorded in CuyahOga county
died intestate, 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-
torship. 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 ]. G. 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
irom 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 defeudant's possession
during said term 7, 1872 casks, Of which 6,T0l we're
re- eased 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 we're 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 NoFem-
Der 9Th, 1856, two hundred and ten barrels, and
on or before the 9Th day Of November. 1856, FORTY
barrels Of the value Of 81 90 each, and othe total
value Of $500 90. That on May 18th, 1883, said
Grannis as executor as Aforesaid, paid over, TO
said defendants to replace 20l barrels sold bv
said Samuel O. ives arref the date Of said oriai-
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 sad
sum itWas the duty Of said defe,dants to have
procured 2Ol barrels Of the value aforesaid and
to have accounted for the same as barrels en-
braced in sud original lease That neither said
40 barrels, nor said 20 barrels, nor the barrels
which should have been 80 brought and account
ed for, we're embraced in the barrels SO released
by said Eliza j., to said Lucas e. aforesaid, and
they should have been returned at the termina-
ton OF said lease or within months thereafter
70 wit on or before January 2, 1857 yet de-
PENDANTS have failed to return them or any por-
ton Of them; wherefore judgment IS asked as
above stated. Defendants vii answer BY March
7, 1868, or Judgment VIII be taken BY default
Gan 'Ja1. s, .jS isss. RANNEY, ,BAcKUs & NOBLE,
jan6427 Plaintiffs Att'ys.