This is one of the first cases in our collection dealing with detinue. One of the common law forms of action, detinue was used to recover chattels from one who has acquired possession of them. Whereas conversion actions are instituted when the plaintiff seeks to recover money damages, detinue actions are instituted to obtain recovery of the property itself. It was commonly used to recover slaves, but other items were recoverable as well. Detinue is similar to our replevin action today.

In this case, Abraham Secrest claimed that he had lost his "road waggon" and a "pare of work oxen"; that Martin Guest found them on February 10, 1828; and that Guest refused to return them. (Guest's name is spelled "Gist" in the pleadings and court documents, but because he signed it "Guest" when signing his bond, we have used his own spelling.) Before filing suit, Secrest had to swear under oath that the property at issue, here the wagon and oxen, was lawfully his and that he was legally entitled to get it back. Secrest swore to such facts in the presence of his attorney, Charles Caldwell, who was also a Justice of the Peace in Big Rock Township on February 21, 1828. Caldwell filed the declaration in the Superior Court of Arkansas, stating that Secrest had lawfully possessed the wagon and oxen as of February 1, had lost them on February 10, and that Guest had found them and refused to return them. The declaration was filed by David E. McKinney, the clerk of the Superior Court, on March 12, 1828. McKinney also issued a capias commanding the sheriff of Pulaski County to take Martin Guest into custody to and hold him until the court date – bail was set in the amount of $300. Stephen Cotton, the deputy sheriff of Pulaski County, executed the capias writ on Martin Guest on March 21, 1828. Martin Guest, with Henry L. Fletcher and Lewis Young as his securities, entered a bail bond to Samuel M. Rutherford, Sheriff of Pulaski County to ensure his appearance in court at Saline Township to answer to Secrest for the suit in detinue.

On April 29, 1829, the court issued a judgment for Secrest by default. Guest, having been duly served with process, had apparently failed to appear at court. Thus, Secrest was awarded the judgment, but because the damages were unliquidated and unknown to the court, the judge ordered that a writ of inquiry be issued directed to the Sheriff of Pulaski County requiring him to summon a jury to inquire into the question of damages. Before the damages could be determined, however, Guest came to court on May 2, 1828 and moved that the judgment by default and the order awarding a writ of inquiry be rescinded and set aside and asked for leave to plead to the general issue. The court granted his motions and ordered that the suit be continued until the next term of the court.

At the next term, on August 21, 1828, the clerk of the court issued a subpoena for James Dennis, John Caruthers, and William Atcheson to testify on behalf of Secrest. The subpoena was executed on John Caruthers and William Atchison at Big Rock Township, but the Stephen Cotton, the deputy sheriff, noted on the return that he could not find James Dennis in his bailiwick. Two months later, on October 20th, 1828, Secrest discontinued all further prosecution of the suit. On Guest's motion, the court ordered that he recover his costs of the suit from Secrest. It is unclear whether Secrest ever got his wagon and oxen back from whomever had taken them.

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