Posted By:A. Deason Smith
Email:
Subject:Re: Virgil S. Lusk
Post Date:September 28, 2004 at 10:39:43
Message URL:http://genforum.genealogy.com/lusk/messages/1496.html
Forum:Lusk Family Genealogy Forum
Forum URL:http://genforum.genealogy.com/lusk/

I do not have any children of your Virgil, but I believe he fits in this family.

STATE OF NORTH CAROLINE COURT OF EQUITY BUNCOMBE COUNTY --- FALL TERM
1866. TO THE HONORABLE, THE JUDGE OF SAID COURT.
The Bill of Complaint of Samuel N. Stevens of Buncombe County plaintiff against Wilson Boyd, William G. Candler, T. J. Haskins, & Margaret E. Haskins his wife, Virgil S. Lusk & Mary Jane his wife, T. J. Candler, J. M. Candler,
Rachel E. Candler & Ellen R. Candler of the same County and {T. J. Candler son of T. J. Candler of Madison County} defendants. - Humbly complaining. Showeth unto your Honor, your orator, the said Samuel N. Stevens that Zachariah Candler died on the day of 1845, having first made and published a last will and testament in writing which was admitted to probate at the
December term of Buncombe County Court 1845 that he appointed his son George W. Candler his executor who qualified as such & took upon himself the burthen of execution thereof - That the said Zachariah at the time of his death was seised & possessed of a large real estate lying and being in the counties of Buncombe, Henderson & Yancey commonly called "Speculation lands", that the said testator empowered his said executor to sell said lands upon certain trusts which by reference to said will and testament will more fully affirm - That said Geo. W. Candler as executor aforesaid did under said power sell several tracts of land & executed bonds for title for other tracts to divers individuals retain the title until the purchase money was paid - That on the 13th day of April 1853 he executed a bond for title to Wilson Boyd one of the defendants in consideration of three hundred dollars secured by note of said Boyd bearing date 13th April 1853 and payable in six equal annual instalments for the following tract of land, bounded as follows to wit, beginning on a line of a six hundred & forty acre tract formerly belonging to one Abraham Reynolds on the top of the ridge between {his} Wilson Boyd's old place & Thomas {James} Jones running with that leading ridge to the top of the Wolf Top Mountain and with the top of the mountain between the waters of Bill Moore Creek & Bent Creek, and with the same edge of mountains running to the old Billy cove gap & from the cove gap, a little cove to the top of the little pine ridge and with the top of that ridge down to Rachele Jones' line, there with the line of Rachele Jones and Laura's heins, and with their line until it strikes the line of Robert Boyd, there with his line until it strikes the line of Wilson Boyd's two hundred acre tract bought from Daniel Reynolds there with Thomas Jones' line to the beginning - containing twelve hundred acres more or less. Your orator further showeth that the said bond for title given to Wilson Boyd has been lost without having been proved & entered as the law requires - that the said George W. Candler died intestate, & William G. Candler his son administered upon his estate, that the note given {by} for the purchase money has been paid by your orator together with all accruing interest upon the lease - that the said Wilson Boyd on the 10th day of February A. D. 1864 executed a bond for title for the same tract of land to your orator in consideration of three thousand dollars in confederate bonds paid to the said Boyd your orator further showeth that Zachariah Candler left surviving him the following children who were his heirs at last & to whom the aforesaid tract of land described, to wit, James M. Candler, George W. Candler Polly M. Candler (who first intermarried with Courtney & afterwards with John Connor) Eliza Candler who intermarried with John Nettinton, T. J. Candler & Lucinda Candler that the said Lucinda died intestate without issue - That Thomas J. Candler died intestate leaving six children - to wit, Dr. C. A. Candler, Zachariah Candler, James M. Candler, Eliza Candler (married to Jackson Cody) George W. Candler and T. J. Candler - that the said Geo. W. Candler last named as aforesaid died intestate and without issue - That all these children and grandchildren have by deeds of Bargain and sale sold all their right title and interest in the said tract of land to the aforesaid George W. Candler (son of Zachariah Candler) & his heirs. - That the title to said tract of land has descended to the heirs at law of the said George W. Candler - that is to say, William G. Candler, Margaret E., wife of T. J. Haskins, Mary Jane wife of Virgil S. Lusk, T. J. Candler, J. M. Candler, Rachel E. Candler & Ellen R. Candler - the last three being under the age of twenty one years - & the last two having guardians to wit Rebecca E. Morgan and & Virgil S. Lusk- Intend in consideration whereof and for as much as your orator {is} can only have adequate relief in the premises in a Court of Equity, where matters of this nature are properly cognizable and relievable. - To the end therefore, that the said Wilson Boyd, W. G. Candler, T. J. Haskins & wife Margaret E. Virgil S. Lusk & wife Mary Jane, T. J. Candler, J. M. Candler Rachel E. Candler & Ellen R. Candler, may true & perfect answer make to all the matters aforesaid - That a decree may be made that the said Wilson Boy, William G. Candler, T. J. Haskins & wife Margaret E. Vigil S. Lusk & wife Mary Jane, T. J. Candler, J. M Candler, Rachel E. Candler and Ellen R. Candler make good & sufficient title to the aforesaid tract of land to the said Samuel N. Stevens and his heirs according to the courses & distances as before set forth with all rpoper covenants of title, and that your orator may have such other further relief in the premises as the nature & circumstances of this case may require, and to your Honor shall seem meet. May it please your Honor to grant unto your {Honor} orator the state's writ of subpoena to be directed to the said Wilson Boyd W. G. Candler T. J. Haskins & wife Margaret E., Virgil S. Lusk & wife Mary Jane, T. J. Candler, J. M. Candler, Rachel E. Candler and Ellen R. Cander commanding them to appear before your Honor in this Honorable Court at the next Term - thereof, these appear (?) To answer the premises term(?), and your orator {shall} will ever (last two words illegible).

Bailey J. Martin, Atty for Plfs.