However, on December 25, Chester Ashley, Musick's attorney, notified Reuben Rice and Peggy Boran, the administrators of Basil Boran's estate, that he would apply to Judge Benjamin Johnson in his chambers in January to seek an injunction against the execution of the judgment. This was served by Mathias Mock, Deputy Sheriff of Lawrence County, to Rice and Boran in Davidson Township. According to the sheriff's return, Rice resided in Davidsonville.

In his petition, Musick described the alleged circumstances preceding the lawsuit. He claimed that he agreed to "run a horse race" with Basil Boran in 1813. Before the race he made a "forfeit note" for $200 in "horse flesh," payable to Boran only if he refused to run the race. The note was delivered to Aquila Lowe to hold, as was a similar note made by Boran. Musick and Boran met on the second Friday of June. Boran won the privilege of "giving the word for the starting of the Horses." Musick alleged that the "horses made some five or six turns or Starts & the said Boran each & every time omitted to give the word for the commencement of the Race & the last time when your orator asked Boran if he was ready as the horses were near the Poles & Boran made no reply untill your orator had turned his horse more than half round for the purpose of taking a new turn or start & untill the time had elapsed within which by the Rules of racing he had the right to give the word & then gave the word & run thro the Race path with his horse alone." Musick averred that Boran's pronouncement was not valid because it was too late, and that Boran intended to cheat him. The notes given to Lowe were not given back because Lowe was in Tennessee. According to Musick, in 1815 Boran complained to Musick about the race, and Musick gave him a note for ten dollars, which Musick accepted in full satisfaction of all of his claims. Musick then moved to Hempstead County. Lowe returned from Tennessee, Boran obtained the original note from him, and sued on it. Musick further complained that his only witness died unexpectedly before trial and he had been absent from the Territory because Ashley had assured him that his presence was not necessary. Finally, Musick alleged that the suit was only brought after Boran's death, by fraud, and because Boran's estate was insolvent. Musick requested an injunction against the levy on the execution and a writ of subpoena for Rice and Boran to require them to appear in court at the April Term.

On January 20, 1826, Judge Johnson ordered the injunction, and it was issued by Thomas Newton, Deputy Clerk. Presumably the slave and her child were returned to Musick. Musick made bond for $600 on the same day; Robert C. Dunn was his security. Summonses were issued for Boran and Rice on March 10, August 12 and December 9, 1826. The first two were never served. Sheriff Joseph Hardin made the excuse on the first that "this Summons has not been Served on account of my extream bad health since it come to hand and not having any Deputy to Serve the Same." On February 26, 1827, James M. Kuykendall, Sheriff of Lawrence County finally served notice of the stay and also the summons on Rice and Boran.

In April, Rice and Boran moved the court to dissolve the injunction. The court overruled the motion. Four days later, on April 10, they filed their answer to Musick's bill of complaint. They alleged their belief in the original allegations of the first lawsuit, and answered that they had no knowledge of exactly when the note was executed or any horse racing being run, or of the note being in the possession of Aquila Lowe. They claimed that Musick left Lawrence County because he was indicted. They also alleged that Boran's estate was solvent. On April 20, the court ordered that a scire facias (a writ keeping a judgment alive) issue against Musick to show cause why he should not have to pay the judgment.

The following October, the court ordered that the cause be set for hearing at the April 1828 Term. At that term, the record book indicates that the parties agreed to dismiss the suit at the Defendant's costs.

This decision was not published in Hempstead's Reports, but another involving a horse race was. In Lemmons v. Flanakin, James Lemmons sued William Flanakin for failing to run a horse race. However, the pleading stated that "it was then and there by the aforesaid parties further agreed, that should either of them fail to run agreeable to the said obligation, that the same for six cows and calves was to be in full force and virtue against the other." In other words, whoever failed to run the race would be entitled to livestock from the other. The court noted that this was "absurd on its face" and "immoral in its tendency," and threw out the suit.

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