Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-01-23

Eliza ]. Stone and Frank D. Stone, her husband,
plaintiffs, vs.. Henry G. Lucas and Francis
Rowe, 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 recoTerth sum Of S902 90,
with interest thereon nom January 22d, 1867
July, 1856, Samuel g. Ives, then IN liie, and the
owner Of property described in a lease, a 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 daily recorded in CuyahOga county
Records. That on August sd, 1886, said Ives
died intestate, having BY the terms OF ms last
will and testament, which has been duly pro-
bated, appointed John Q. Grannis his executor,
whoduly 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
deEisee and legatee Of the property named in
said lease. That said J. G. Grannis, executor, on
the sth day Of May, 1851, assigned said lease to
said Eliza j. Stone, then Eliza ]. Ives, but since
married to said Frank d. Stone. That she is
now the sole owner Of said lease and fan the
property covered thereby and the rights grow
ing out Of the same. That by the terms Of said
lease defendants we're obliged within six months
from the termination Of the same to return in IS
good condition in all respect as when received
bV them, all the casks OF every description
named in said lease which should come into
their possession during said term
That there came into defendant's possession
during said term ,l52 casks OF which 6,7Ol we're
eleased for the period Of one year to said Lucas
on July %, 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-
bar 9Th, 1856, two hundred and ten barrels, and
on or before the 9Th day Of November, 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 20l barrels sold BY
said Samuel C. Ives after the date OF said origi-
nal leaseeand to the use Of which defendants
were entitled by said lease, S402 co. being the val
ue Of the last named barrels, with which SAID
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-
braced in sad original lease. That neither ssid
40 barrels, nor said 40 barrels, nor the barrels
which should have been so brought and account
ed for we're embraced in the barrels so released
by said Eliza j.. to said Lucas as aforesaid, and
they should have been returned at the tsrrnina-
ton Of said lease or within months thereafter,
n Iyit on or before January p, 1852; yet de- |
fendants have failed 70 return them or any por-
tion OF them; wherefore judgment is asked as |
qbove stated Defendants viii answer By March 1
!, Is6s, or Judgment wiz be taken BY dsfault /
against them.
ian6.427 Plaintiffs Att'vs-