Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-01-20

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 will take notice that on the I'd day Of
January 18C3, the said Plaintift51iled 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 torecoYerthe sum Of s902,OO,
with interest thereon nom January 22d, 1882
SAID petition sets forth that on the I'D day Of
July, 1856, Samuel G. Ives, then IN life, and the
owner Of property described IN a lease, q copy
Of (which Is attached to said petition, and known
as the Ives Cleveland BreWaryr and its aPPur-
t,slIancts casks barrels, &C., entered into a con-
tract Of lease 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 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 ]. @. Grannis, executor, on
the 5th day Of May, 1861, assigned said lease 70
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 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 70 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 defendnnt's possession
during said term ,l52 casks, Of which 6,701 were
released for the period Of one year 10 said Lucas
on July p 1861, the said Elzs J., supposing at
the tins 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 NoYem-
Der 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 co. That on May 18th, 1883, said
said defendants to replace 20l barrels sold by
nal lease, and to the use Of which defendants
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
to have accounted for the same as barrels en-
braced in SAID original lease. That neither said
30 barrels, nor said 40 barrels nor the barrels
which should have been SO brought and account |
by said Eliza j., to said Lucas as aforesaid, and |
ton OF said lease or within months thereafter,
to wit on or before January 22, 1852; yet de- |
PENDANTS have failed 10 return them or any por- |
ton Of them; wherefore judgment Is asked as |
above stated Defendants viii answer BY March |
I, 1868, or judgment will be taken by default /
Jan. 5, 1sss. RANNEY, ,BACKUs& L NOBLE,
ian6:427 Plaintiffs Att'ys.