Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-01-07

Eliza ]. Stone and Frank D. Stone, her husband
Plaintiffs, VI. Henry G. 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 2d 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 to recover the sum Of S9O2,OO
with interest thereon from January z2d, 1862 -
SAID petition sets forth that on the 22d daV Of
July, 1856, Samuel C. Ives, then IN life, and the
owner of property described in lease, copy
ofWhich is attached to said petition, and known
as the Ives Cleveland Brewery and is appur-
tepances, casks, barrels, &c, entered into con
tract Oflease of said property with defendants
which was duly recorded in Cuyahoga county
Records That on August 23d, 1850, SAID ives
died intestate, having BY the terms Of his last
Will and testament, which has been duly pro-
bated, appointed John q. Grannis his executor,
who duiy 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 j. @. Grannis, executor, on
the sth day Of May, 1861, assigned said lease to
said Eliza j. stone, then Eliza ]. Ives but since
married 70 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 defen ANTS possession
during said term 1852 casks, Of which 6,7Ol were
re eased for the period OF one yesr 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 bv 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 1886, forty
barrels Of the value ofS2 OOeach 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 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 co. being the val
ne Of the last named barrels, with which SAID /
sum it was the duty Of said defendants.to have /
procured 20l barrels Of the value Aforesaid and 1
to have accounted for the same as barrels en-
Draeed in said original lease That neither said
2lO 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 /
hey should have been returned at the terIniua-
ion Of said lease or within months thereafter,
% wit on or before January p, 1862; yet de- |
endants have filed to return them or any por-
ion Of them; wherefore judgment is asked as
.bove stated. Defendants viii answer by March /
+, 1858, or judgment will be taken by default
gainst them.
Jan. 8, 1863 RANNEY, BACKUS& NOBLE,
lan6:42I Plaintifi's Att'vs.