Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-01-29

Eliza J. Stone and Frank D. Stone, her husband,
Plaintiffs, vs.. Henry 6. Lucas and Francis
Rowe, Defen dants.
In Common Pleas, CuyahOga County Ohio.
HNHE said Henry G.. Lucas and Francis
Rowe viii take notice that on the 2d day OF
January, 1863 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 recover the sum Of S9O2 90,
with interest thereon from January 22d, 1862
! SAID petition sets forth that on the 22d day Of
July, 1856, Samuel @. Ives, then IN life, and the
| owner Of property described in a lease, 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 oflease Of said property with defendants,
which was duly recorded IN Cuyahoga county
Records. That on August 23d, 1856, said Ives
died intestate, having by the terms Of his last
will and testament, which has been duly pro-
| bated, appointed John @. Grannis his executor,
| who duly uualifed and entered upon his execu-
torship. That the Plaintiff, Eliza j. Stone is the
sole heir Of the said Samuel G. Ives, and the sole
| deVisee and legatee OF the property named IN
sad ileasey R5f , seit it5n 4 3s 3 Iv6, but since
married to said Frank d; Stone That she Is
now the sole owner OF said lease and Of all the
/ Dropertv 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
naroed IN said lease which should come into
their possession during said term
That there came into QelenlalL posatSsloA
dnring said term 7,152 casks, of which 6s70l we're
reiessad for the period Of one year 70 said Lucas
| on JuIv 22 1861 the said Eliza j., supposlng al
/ the time that the false representations OF
| said Lucas, that they were all the casks which
had come into the hands Of defe ldants or either
| or 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 Noyem-
| her 9th, 1856, two hundred and ten barrels, and
on or before the 9Th day Of November, 1855, forty
barrels of the value OF 90 each, and ofthe total
| value of $500 C0. That on May lSth5 1908, said
! Grannis as executor as Aforesaid, paid over to
/ said defendants to replace 2Ol barrels sold by
said Samuel C. Ives after the date OF said origi-
! nal lease, and to the use Of which detendants
we're entitled by said lease, siO2 90, beng the VAL
/ ne of the last named barrels, with which SAID
/ sum it was the duty Of sad defendants to have
/ procured 2OI barrels Of the value Aforesaid and
/ 10 have accounted for the same as barrels en-
| brsced in said original lease. That neither said
2lO barrels, nor said 40 barrels, nor the barrels
| which should have been so brought ana account
| ed for, were embraced in the barrels so released
/ by SAID Eliza j., to said Lucas as Aforesaid and
| thew should have been returned at the terInlna-
| ton of said lease or within months thereelter'
| 10 Wit -. on or before January y, 1867 yet de-
| fendants 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, or judgment will be taken BY default
/ against them. ,-,,-,
ian6.SaT Plaintiffs Att'ys.