This is another typical suit in debt founded upon writings obligatory, or promissory notes. The Alexander Cotton in this case is the same one in whose store Thomas Whittington was killed in 1825. On February 6, 1823, Alexander W. Cotton and John Caperton executed three writings obligatory to Thomas West – one for $100 to be paid by the same date in 1825; one for $100 to be paid by the same date in 1826; and a third for $30 to be paid by the same date in 1824. West, then, was owed a total of $330. He claimed, however, that he was never paid any of this amount and called the defendants to answer for their debts. On January 10, 1828, West, via his attorney Townsend Dickinson, filed a declaration in debt in the Superior Court, claiming damages of $225. After receiving the declaration, David E. McKinney, clerk of the Superior Court, issued a capias for Cotton and Caperton, commanding the sheriff of Pulaski County to locate and keep Cotton and Caperton in custody until the April Term of the Court when they would answer to West in his plea of debt in Little Rock. Bail was assigned in the amount of $300.

Samuel Rutherford, sheriff of Pulaski County, executed the capias on Cotton and returned the writ to the court with the note that Caperton was not to be found in Pulaski County; he, apparently, was never served in the suit. On January 23, 1828, Cotton, with Richard C. Byrd as his security, entered into a bail bond to Samuel M. Rutherford, the Sheriff of Pulaski County, in the sum of $300. This bond assured that if Cotton failed to appear and answer West, or if a judgment was given against him, he would pay the debt, damages and costs or surrender himself or that his security would do so.

On April 22, Daniel Ringo, the deputy clerk of the Superior Court, filed Cotton's plea. Chester Ashley served as Cotton's attorney. Cotton filed a plea on his own, and not with Caperton; because Caperton was never served, he never again appears in the pleadings of this case. In his plea, Cotton maintained that West ought not to be able to maintain his suit because Cotton paid the full amount of the three writings obligatory on February 6, 1827. Richard Searcy, now the attorney for West, filed a joinder to the plea on the same date. The joinder document is incomplete in our records – the only portion we have merely states that West believes that he ought not to be barred from having his action. The case was continued at West request on April 29, 1828, and on Cotton's motion, and at his expense, on October 18, 1828.

Cotton died in New Orleans, late in 1828, according to a notice in the Dec. 23 Arkansas Gazette. On April 14, 1829, David Rorer, the administrator of Cotton's estate, appeared in court and was made a party to the suit by consent. On October 15, 1829, the case was submitted to the court for decision without a jury. The court found for the plaintiff and ordered that West recover of Rorer $230 for the debt and $59.20 in damages. William S. Fulton bound himself to David Rorer in the penal sum $50. Thus, he agreed to pay West if he was unable to obtain the judgment against the estate of Cotton.

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