This case involved a business dispute between two residents of Little Rock. In early January 1827, Silas T. Toncray, a renaissance man who was a Baptist minister, silversmith, merchant, whiskey seller and fur trader, allegedly became indebted to Samuel Lemmons in Pulaski County. Apparently Lemmons had agreed to deliver a quantity of planks and scantling (construction materials consisting of broad and narrow strips of wood) to Silas T. Toncray in return for payment of $150. When Lemmons called Toncray to account for that sum and "divers other sums of money before that time due and owing from the said Toncray," Toncray refused to pay. Lemmons promptly sued Toncray for trespass on the case for assumpsit to recover the money he believed he was owed. The declaration, filed at the October Term of the Superior Court by William H. Parrot, Lemmons' attorney, claimed damages of $200. A summons issued from David E. McKinney, Clerk of the Superior Court of Arkansas Territory on August 20, 1827 and was served on Silas T. Toncray a week later in Welborn Township by James Killiam, Sheriff of Conway County. The Superior Court record book states that on October 17, 1827, Toncray filed a plea of non-assumpsit, and that the case was continued.

During the next April term, Lemmons filed a joinder to Toncray's plea whereupon Toncray moved the court for a continuance, which was filed by Daniel Ringo, deputy clerk of the Superior Court. Toncray's affidavit in support of the motion, sworn to on April 23, 1828, stated that Thomas Cherry was unavailable to testify, but that he was a material witness for Toncray's defense and that he could not safely proceed to trial without Cherry's testimony. According to Toncray, Cherry was present at the time with the supposed liability took place. Toncray believed that Cherry was now working at the mill of Dickson and Earhart in Conway County, but he had been unable to subpoena Cherry in time for him to appear at this term of the Court. Apparently unbeknownst to Toncray, Cherry had left the Territory several months earlier to go to New Orleans, and had returned to Arkansas also without Toncray's knowledge. Toncray stated that he was not aware that Cherry had returned until the 14th or 15th of April, but that he expected to be able to procure the personal attendance of Cherry at the next term of the court as a witness or to obtain his deposition by that time. The Superior Court ordered the suit continued until the next term, and Lemmons again recovered his costs of the continuance from Toncray.

In the fall of 1828, Toncray swore in another affidavit that Joseph Campbell was a material witness without whose testimony he could not safely proceed to trial. According to Toncray, Campbell had measured the wood that he had received, and would testify that it was unmerchantable and already decayed when it was delivered. Toncray stated that he had been able to persuade Campbell to attend the October term of the court, but that Campbell had been called to return home before he was subpoenaed because he learned that his family was sick. Toncray believed that he would be able to procure the attendance of Campbell at the next term. He further stated that he had purchased and received the wood in question from John Standlee, who was by then deceased, and not from Lemmons. Thus Toncray asserted, Standlee and not Lemmons was entitled to receive compensation. Toncray also swore that he had a witness present at the court who would testify that Campbell measured all of the wood that was obtained by Toncray from the bank of the river near Standlee's mills in Cadron. A subpoena issued for Joseph Campbell commanding him to appear at the Superior Court and testify on Toncray's behalf. The subpoena was executed on Campbell in Big Rock Township by William Atchison, the deputy sheriff of Pulaski County.

The case was continued again, at Toncray's expense, until the next term of the court. The next spring, several subpoenas issued from the Superior Court. On February 2, 1829, subpoenas issued for Joseph Campbell and Daniel Randolph Mills, commanding them to testify on behalf of Toncray. Later that month, another subpoena issued for William Standlee, William Saffold, and Thomas Burrows, commanding them also to appear on 2nd day of April Term to testify on Toncray's behalf. However, the trial was delayed again upon Toncray's motion, and the case was continued until the fall term of the Court. In September, Saffold and Standlee were again subpoenaed to appear and testify, this time on behalf of Samuel Lemmons. Their subpoenas were executed on October 10, 1829 by reading to William Standlee near L.B. Hoskin's home and also by reading to Saffold at Adam Kuykendall's dwelling, both in Cadron Township by Thomas Carlile, deputy sheriff of Conway County. When the case was finally tried on October 16, 1829, the Court heard the evidence and arguments without a jury and ruled that Lemmons recover $28.75 damages and the costs of the case. Almost a year later, on August 31, 1830, James Lemmons, agent and attorney in fact for Samuel Lemmons, appeared and acknowledged the receipt of $28.75 from Silas T. Toncray in satisfaction of the principal or damages in the Judgment rendered at the October Term.