On February 10, 1827, Clack Stone, represented by Ambrose H. Sevier, filed suit in the Superior Court against Francis Williams, James Patterson, Robert A. Logan, Phineas Williams and John Safford. Stone sued in debt, alleging that in October 1815 the defendants had made notes payable to Stone in the sum of $250, apparently due on demand. Stone alleged that the defendants had never paid him. Stone requested bail, thus requiring the sheriff to seize the defendants and jail them if they could not put up bail before trial.

Court Clerk David E. McKinney issued a capias writ to James Wilson, sheriff of Crawford County, who was able to serve Phineas Williams in Lovely's Purchase and the Robert A. Logan Senior and Junior and James Patterson in Lower Township of Crawford County. Robert McMurray and James Murphy put up their bail. The sheriff was unable to find John Safford and Francis Williams.

On April 14, the defendants, represented by Townsend Dickinson, filed their plea, claiming that the writing was an escrow which they had delivered to Lorenzo Clark. They alleged that they and Stone had agreed to run a horse race in Crawford County on a particular day. If the race was run, the writing would be rendered void and returned to the defendants; but if the race was not run, then Stone would be able to collect the amount in the note.

By this time, William Parrott had joined Sevier as co-counsel for the plaintiff. They filed a demurrer in response to the plea, but the court's record book indicates that the court overruled the demurrer and continued the case to the October Term. On October 13, a subpoena issued from the Superior Court, summoning James Wilson, Asa G. Baker and Stephen Gafford to appear before the Superior Court to testify on behalf of the defendants. Pulaski County Deputy Sheriff Daniel Ringo, acting for Sheriff Samuel Rutherford, served the subpoena by reading it to the defendants in Big Rock Township in Pulaski County that same day.

On October 17, Stone's attorneys filed a replication to the defendant's plea, arguing that the writing had never been delivered to Lorenzo Clark, and that the writing was not conditional. The replication ended with the phrase "and of this the plaintiff puts himself upon the Country," signifying that Stone was requesting a jury trial. The court continued the case over to the next term.

Now a third attorney, David Rorer, joined the defendants' team. The court had given permission for defendants' counsel to take depositions at the office of the clerk of the Crawford County circuit court on November 26th and 27th between nine o'clock "in the forenoons" and six in the afternoons on those days. Rorer personally delivered the notice to the sheriff and to Parrott. On November 27, depositions were taken by justice of the peace John C. Sumner. Jonathan Logan was the first witness deposed. He testified that the defendants' version of the facts was correct; that both parties had exchanged notes, it was agreed that Clark should hold the notes, and that the race had been run. He testified that Williams's horse had won, and that Stone had no right to the possession of the note.

Lorenzo Clark also testified. He apparently did not attend the race, for afterwards Stone came to Clark's house and "said his horse was beat." Later both Williams and Stone came to his house and Clark surrendered the notes to one of them, but he could not remember which. The third witness was James Wilson, who also corroborated the defendants' allegations.

At the April 1828 Term, apparently Stone had changed his mind about a jury, because the record book indicates that neither party wished for a jury trial. Thus a bench trial was held, and on April 17th, the court held for the defendants, requiring Stone to pay their costs.

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