In January 1824, John Tucker obtained a judgment against Calvin Belcher for a debt of $30.10 plus costs. He won this judgment in the justice of the peace court of Nimrod Menefee, in Welborn Township of Pulaski County. Archer Welborn had agreed to act as "special bail" for Belcher, and thus was also liable for the judgment. Menefee commanded the deputy constable John Moore to levy on the property of either Belcher or Welborn for the judgment--that is, to seize the property and sell it. Moore seized one yoke of oxen and one bull on Feb. 4. He sold them for $51 and returned the surplus to Archer Welborn. The constable's return does not state whose property he seized. It was Welborn's and, represented by Ambrose H. Sevier, he promptly sued Moore for trespass on the case in Superior Court, claiming damages of $110. Thomas Newton, Deputy Clerk for Clerk David McKinney, issued a capias to the Sheriff of Pulaski County, commanding him to seize John Moore and hold him if he could not make bond. Deputy James Kelleam served the writ. Moore was able to make bond; Nathan Myers and Radford Ellis were his sureties. Robert Crittenden represented Moore, and his answer to the charge was that the seizure was lawful because Moore was acting under orders as a deputy constable. Nimrod Menefee was subpoenaed to appear in court at the October Term to testify for Moore. Trial was held before Judges Benjamin Johnson, Andrew Scott and William Trimble on Thursday, Oct. 14, 1824. The jury consisted of Benjamin Miles, Morgan Magness, R.A. Rowland, A. S. Badgely, Thomas Patterson, James Saunders, Abner Harold, John Douglass, James C. Collins, Sampson Gray, William Montgomery, and William Blalock. William Montgomery was the foreman for the jury, which found for Moore.

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