Good Evening Boschong Subscribers, I trust everyone had a nice Christmas. We have posted quite a bit about Peter Bushong Sr. and family and you will have to refer back to the BOSCHONG Archives for November 2005 and March 2006 to refresh your memory as this post concerns the son Philip Bushong and his deposition concerning land of his father Peter Bushong. This Chancery Record was instituted in 1828 when Jacob Whitmoyer died. He owned property next to Peter Bushong. It was interesting reading and can be read on-line at the Library of Virginia. ---------------------------------- Shenandoah County Virginia Chancery Record , Case #1846 - 029 Instituted 1828 settled 1846 Administrators of Jacob Whitmoyer VS David O'Roark et al DEPOSITION OF PHILIP BUSHONG, SON OF PETER BUSHONG Deposition of Philip Bushong - 1830 Philip Bushong of lawful age after duly sworn deposeth and saith: QUESTION BY THE PLAINTIFF: Were you present when O'Roark land was surveyed? ANSWER BY PHILIP: I was when the line between O'Roark and my Father's land was run. QUESTION BY THE PLAINTIFF: How many of your Father's land were taken in running that line? ANSWER BY PHILIP: About seven or eight QUESTION BY THE PLAINTIFF: How long was the land which was taken in by the survey you speak of in the possession of your Father at the time the survey was made? ANSWER BY PHILIP: About 38 years {Note from Gloria: Peter Bushong bought the land in 1793. I think I sent you that Deed} QUESTION BY PLAINTIFF: Was your Father's tract a part of the tract of land which O'Roark conveyed to Whitmoyer and did your Father purchase of O'Roark? ANSWER BY PHILIP: It is a part of the same tract that was purchased by my Father of Stoutemoyer about 38 years ago but do not know how long before that time it had been taken from the original tract. And further the deposeth saith not. Philip Bushong, signature QUESTION BY THE DEFENDANT: Did Cal Rinker in making the survey between David O'Roark's line of Peter Bushong make a corner at a black oak and walnut in the sink hole? ANSWER: Yes QUESTION BY THE DEFENDANT: Was the corner in the sink hole of your Father's corner? ANSWER: It was not the corner which my Father had shown me as his. QUESTION BY THE DEFENDANT: How far is the corner which was shown you by your Father as his corner in the sink hole & what sort of corner is it? ANSWER: About five poles from that corner and the tree on which it is marked is a white oak. QUESTION BY THE DEFENDANT: Is the white oak the corner which is designated in your Father's Deed? ANSWER: I think it is. And further the deposeth saith not. Philip Bushong, his signature ------------------------ Agreeable to an order of a Court of Chancery held for the county of Shenandoah in Woodstock on Wednesday, the 10th of March 1830. I have surveyed the land in controversy between Reuben Walton, Administrator of Jacob Whitemoyer, deceased, complainant against David O'Roark and Joseph O'Roark, Defendants, and Report as follows to wit: The land lies on the South East side of Timber Ridge in the said County of Shenandoah and is Bounded by a survey thereof made agreeable to the Deeds, plats and all furnished by Joseph O'Roark one of the defendants. VIZ: Beginning at two cornered pines, where three formerly stood, at A, Thence South 22 1/2 West 202. 4 poles to a pine, a corner to the Land of PETER BUSHONG, in John Brenner's line, thence with Bushong's line, North 67 3/4 West 208.7 poles crossing the top of Timber Ridge, to a walnut and black oak at a sink, a corner to the said tract and Brenner's land in Jacob Knopp's line {husband of Lydia Bushong}, Thence with Knopp's line North 22 3/4 East 200 poles and cornered in a field, there being no timber standing and the parties not being able to establish a corner, the course and distance of this line with the usual variation was admitted to be right, having run about 70 poles with an old marked line. Thence South 67 1/4 East 102 poles to a white oak, Thence North 41 1/2 East 102 poles to two walnut stumps, where three walnuts formerly stood, Thence North 11 1/2 West 57.1 poles to a large black oak and a gum, Thence North 40 3/4 East 20 poles to a pile of stones corner to the land of Lewis Zirkle, Thence with his lines South 52 East 109 poles to a pile of stones near a black oak, Thence South 37 1/2 West 64 poles to another pile of stones, a corner to the land of Zirkle in said John Brenner's line, Thence with Brenner's lines North 68 3/4 West 34.5 poles to a large leaning pine, South 23 1/4 West 75.6 poles to a black oak stump, where the parties admit that the former corner, a black oak stood, and then South 70 degrees East 39.3 poles to the place of BEGINNING, Containing 329 acres and one rod formerly estimated at 316 acres. The complainant Reuben Walton admitted that the above survey was rightly made upon which the same was closed on the part of Joseph O'Roark one of the defendants and is respectively submitted. Teste Thomas Brittan, SSC (Surveyor of Shenandoah County) Surveyed 8 May 1830 Reuben Walton - Complainant Joseph O'Roark - Defendant Raphael Conn - DSSC (Deputy Surveyor, Shenandoah County) ------------------- Researched and Submitted by Gloria Bushong