On February 21, 1823, Ambrose Sevier filed a lawsuit for his client, James Scull, alleging that he had lost his gray horse in August 1821, and that George Bentley had found the horse but had refused to return it. Scull claimed damages of $200, stating the horse's value at $150. Superior Court Clerk David McKinney issued a subpoena to Deputy Sheriff Thomas Newton, who served the writ and declaration on George Bentley in Welborn Township.

At the April Term of the Superior Court, Bentley's attorneys, William Quarles and Robert Oden, responded with a demurrer, which alleged that the plaintiff's case was deficient as a matter of law. In May, subpoenas were issued for Richard and William Montgomery and Bartley Harrington, summoning them to the August Term of the Superior Court to serve as witnesses for Scull. Henry Armstrong, Sheriff of Pulaski County, served the subpoena on Richard Montgomery in Welborn Township. James Hamilton, Sheriff of Arkansas County, served William Montgomery and Bartley Harrington in Arkansas Township.

At the August Term, on August 21, three affidavits were filed. All had been witnessed by Justice of the Peace Bernard Smith in Big Rock Township of Pulaski County. Richard Montgomery swore that the horse had died in Bentley's possession and that he had offered Scull $40. Archer Welborn swore that the horse died in Bentley's possession. Samuel Taylor swore that he had seen a strange horse with Bentley and William Montgomery, and they had told him that it belonged to Scull.

On August 22, a jury trial was held. Judges Joseph Selden and Andrew Scott presided. The jurors were Wigdon King, James Carnahan, John Casey, R. Munson, A.S. Badgely, Morris Brown, Matthew Alexander, Isaac Watkins, John Stillwell, John Taylor, William E. Woodruff (foreman) and Benjamin Clements. The jury found for the plaintiff Scull in the amount of $90 in damages.

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