On August 2, 1814, attorney Henry Cassidy, representing Anthony Haden, filed a declaration in the General Court alleging that Robert Clary had taken a bay horse of his at the Great Prairie, and also alleging that he had suffered damages of $200. Haden made bond for $400, with Samuel Moseley acting as his security, and Judge George Bullitt authorized John Dodge, the clerk of the court, to issue a writ of replevin--in other words, to seize the horse. Deputy Sheriff Lemuel Currin executed the writ, and delivered the horse to Haden. On August 3, Clary in turn made bond for $200,with William Morrison acting as his security. The bond was witnessed by Joseph Kuykendale. On August 29, a subpoena was issued for Kuykendale and Bartley Harrington to appear at the September Term and serve as witnesses for Haden.

The September Term commenced on Monday, Sept. 5. On Wednesday, Alexander S. Walker appeared in court, representing Clary, and filed the defendant's plea. Clary claimed that he had purchased the horse from William Morrison. On September 13, the court issued a subpoena for James Currin, William Osborne and John McKee, summoning them immediately to testify for Robert Clary. Sheriff Daniel Mooney executed the subpoena on Osborne and McKee, but was unable to find Currin. However, on September 14, Clary's attorney Walker informed the court that Clary was dead, the court order that the suit abate (be dismissed) on account of the defendant's death. Clary must have passed away suddenly, after August 3, when he made bond.

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