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    1. [BOSCHONG] 1840-42 VA Chancery Suit - Heirs of Philip Bushong VS Isaac Seller & Heirs
    2. Russell Bushong
    3. Part 1 of 3 ---------------- Augusta County Virginia Chancery Suit 1842-023 Instituted 1840 Heirs of Philip Bushong et al VS Administrator of Isaac Sellers et al To the Honorable Lucas P. Thompson, Judge of the Circuit Superior Court of Law and Chancery for Augusta County, humbly complaining. Shews unto your Honour: Your Orators Philip, George W. Washington, John, Catherine, Sally, Elizabeth, Mary Ann and Daniel Bushong, infants under the age of 21 years by Elizabeth Bushong, their mother and next friend, humbly represent: That they are the children and Heirs at Law of a certain Philip Bushong, deceased, late of Augusta County, who departed this life in the year ---- intestate, whereby his real estate descended to them. That the said intestate in his life time time purchased from a certain Isaac Sellers, a small parcel of land, supposed to contain about 20 or 30 acres, part of a tract of about 80 acres which he owned adjoining the plantation of said Bushong. The price agreed upon was $8 per acre, to be paid within such reasonable time as would suit the convenience of the parties; A deed of conveyance to be made with general warranty, on payment of the purchased money and the said Bushong to pay interest on the money while it should be in his hands. The said Sellers was to be at liberty to cut 3 acres of the timber at his discretion at any time within two years from the time of said purchase. The said contract was verbal, but has been partly executed. The parcel purchased was laid off from the rest of the tract, by a line agreed upon and marked, and possession was delivered to the said Bushong, who in his lifetime cleared and enclosed the greater part of it. The said Sellers, as authorized by the contract, cut and took off the greater part of the timber. Since the death of the said Bushong, the said Sellers has refused to carry out said contract completely into effect by conveying said land to your Orators, though the purchase money with the interest therein has been tendered to him on the part of your Orators, by their said mother and next friend. In tender consideration of the premises, and that your Orators are without relief except in a Court of Equity, they pray that the said Isaac Sellers may be made a Defendant to this Bill and compelled to answer the same on oath. that he may be required to convey the said land to your Orators by a good and sufficient deed with a general warranty. That they may be granted in the possession thereof and That such other and further relief may be greater then as is equitable, etc. BALDWIN AND STEWART, p. g. ----------------- TO BE CONTINUED: Researched, Transcribed and Submitted by Gloria Neiger Bushong

    03/26/2013 01:48:42