Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-02-04

| Eliza j. Stone and Frank D. Stone, her husband,
Plaintiffs, vs.. Henry G. Lucas and Francis
| Rowe, Defendants.
In Common Pleas, Cuyahoga County Ohio
| HHE said Henry G. Lucas and Francis
Rowe will take notice that on the 2d day Of
January, 1868, the said Plaintiffs filed their peti-
ton in the Court Of Common Pleas, in and for the
| County Of CuyahOga, Ohio, the object and prayer
| (which petition is to recover the sum of S9O2,OO
| with interest thereon from January ed, 1862 -
SAID petition sets forth that on the 22d day Of
July, 1856, Samuel G. Ives, then IN life, and the
owner Ofproperty described in lease, copy
! ofWhich Is attached to said petition, and known
] as the Ives Cleveland Brewery, and its appur-
tenances, casks, barrels, &c, entered into a con-
tract Oflease Of said property with defendants,
| which was duly recorded in Cuyahoga county
| Records. That on August ed, 1856, said Ives
| 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, ElizaJ. 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. GTannis, 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
o
their possession during said term.
That there came into Defendants possession
during said term T,152 casks, Of which 6,7OI 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-
Der 9Th, 1856 two hundred and ten barrels, and |
on or before the 9th day OfNoEember, 1856, forty
barrels of the value OfS2 90 each, and Ofthe total
value Of $500 90. That on May 18th, 1858, said !
Grannis as executor as aforesaid, paid over to |
said defendants to replace 2Ol barrels sold bv i
said Samuel @. Ives after the date Of said origi
nal lease, and to the use Of which defendants !
ne Of the last named barrels, with which SAID Il
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-
braeed in SAID original lease. That neither said
zlO 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 teTmlna-
ton Of said lease or within months thereafter,
to wit on or before January p 1902 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, 1863, or Judgment will be taken by default
against them -
jsn6:427 Plaintiffs Att'vs-