Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-01-06
At areatlz Redueed Prices! !



Eliza J. Stone and Frank D. Stone, her husband,
plaintiffs, Va. Henry G. Lucas and FEaneis
Rowe, Defendants.
In Common Pleas, Cuyahogs County Ohio
FNHE saIu nenTy u. Lucas and Francis
RqEs VII t2ke n9ties that On II the I'd day Of
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 S902 90,
with interest thereon from January va 1862 =
SAID petition sets forth that on the 22d day Of
July, 1856, Samuel G. Ives, then in life, and the
owner Of property described in lease, 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 oflease Of said property with defendants,
which was duly recorded in Cuyahoga county
Records. That on August 2Sd, 1856, said Ives
died intestate, having by the terms Of his last
will and testament, which has been duly pro-
bated, appointed John C. GTannis 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 G. Ives and the sole
devisee and legatee of the property named in
said lease That said ]. c. Grannis, executor, on
the sth day OF May, 1861, 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 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 7l52 casks, of which 6,70l were
re eased for the period Of one year to said Lucas
on July D. 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 or yna. lease; but in
fact there came into defendants 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 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 lease, and to the use Of which defendants
were entitled by said lease, S402 o. being the val
ue Of the last named barrels, with which sad
sum It was the duty of said defendants to have
procured 20i barrels of the value afOres id and
to have accounted for the same as barrels en-
braced in SAID original lease That neither said
2l0 barrels, nor said 20 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
they should have been returned at the termina-
ton of said lease or within months thereafter,
to wit on or before January %, ls62 yet de-
PENDANTS have lied to return them or any por-
ton Of them; wherefore Judgment is asked as
y 1903, OF lu1s-----' -iii ha taken lJT dsE---ii
against them.
Jan. g. 1868 RANNEY, BACKUS& & NOBLE,
jan6.427 Plaintiffs Att'ys.