According to plaintiff Jacob Durst, an ex-resident of Arkansas Post living in the Texas area, in June 1810 he had arranged for Walter Hall to deliver a horse to him from William Winter in the territory of Orleans. Hall was to deliver the horse within 20 days, but "absconded" with the horse. Therefore on August 23, Durst appeared before the Court of Common Pleas and asked for a writ of foreign attachment against the goods of Hall for $300. James Scull witnessed Durst's complaint. Judge Francois Vaugine issued a writ of attachment against the property of Hall on the same day, and Sheriff Daniel Mooney seized "fifty two unfinished hats" in the possession of John Lear, who claimed to be Hall's business partner. Apparently hats were being manufactured in Arkansas at that time.

On August 25, Lear petitioned the court to require Durst to supply security for possible damages, since Durst was not a resident of the territory and Lear was co-owner of the partnership's property and needed the hats for his livelihood. The same day Judge Francois Vaugine summoned Durst and required him to furnish bond for the possible costs and damages. Durst did so, John Hutsell acting as his security.

Durst was represented by Hezekiah Kirkpatrick, his attorney in fact, who in December 1810 moved that William Winter be deposed. Winter was in the parish of Concordia in the Territory of Orleans, and so as required, Kirkpatrick advised Hall of the upcoming deposition so that Hall could be present. Hall hired Perly Wallis to represent him. The record book of the Court of Common Pleas reveals that during the April 1811 Term, Hezekiah Kirkpatrick appeared for the plaintiff. Perly Wallis moved that the proceedings be "quashed for want of legal form." The motion was denied, and the cause was continued until the next term. In December 1811 Wallis filed for demurrer, arguing that Hall need not answer the declaration of Durst, because it was deficient in multiple respects. On December 10, according to the court's record book, the parties consented to go into trial "instanti." Winter testified that Hall had indeed received the horse on the order of Durst and that the horse was worth $130. Kirkpatrick moved for judgment, which the court ordered, for $130.

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