Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-01-10

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 will take notice that on the ID 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
Of which petition is to recover the sum Of S9O2 90,
/ with interest thereon from January I'D, 1862 -
/ SAID petition sets forth that on the 22d day Of
July, 1856, Samuel G. Ives, then N 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, sc, entered into con-
tract of lease Of said property with defendants,
which was duly recorded in CuyahOga county
/ Records. That on August Sd, 1856, said Ives
died intestateY having by the terms Of his last
will and testament, which has been duly pro-
| bated, appointed John G. Grannis his executor,
| who duly qualified and entered upon his eXecu-
torship. That the Plaintiff ElzaJ Stone is the
sole heir Of the said Samuel @. Ives and the sole
| deTisee and legatee Of the property named in
said lease That said j. g. Grannis, executor, on
/ the 8th 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 tho 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
/ uV LleIIlt all the Casks OF tNHLy description
named in said lease which should come into
| their possession during said term.
That there came into defen ants possession
during said term ,l52 casks, Of which 670l 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
Ofthem by virtue Of said original lease; but in
! fact there came into delendunts 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 OfNOvember, 1856, forty
barrels of the value OfSZ 0Oeach, and Ofthe total
/ value OF $500 %. That on May 18th, 1858, said
| Grannis as executor as Aforesaid, paid over to
! said defendants to replace 2Jl barrels sold by
said Samuel G. Ives after the date Of said Origi-
nal lease, and to the use Of which defendants
were entitled by said lease, S4O2 90, being the VAL
ne Of the last named barrels, with which SAID
| sum it was the duty Of said defendants to have
| procured POI barrels Of the value aforesaid and
| TO have accounted for the same as barrels em-
/ braced in said original lease. That neither sald
30 barrels, nor said 30 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 rs aforesaid, and
/ they should have been returned at the termlna-
/ ton Of said lease or within months thereafter,
/ to wit on or before January p, 1867 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, 1868 OF judgment will be taken by default
/ against them .
Jan. 8, 1853. RANNEY, BACKUS& & NOBLE,
ianG.427 Plaintiffs Att'ys.
n