Supreme Court of Alabama January 15, 1835 (Thomas v. Hearn)

By Mr. Justice Hitchcock :

The bill in this case, charges, that the note upon which the judgment was rendered, was, by agreement, to remain in the possession of Thomas until after the mill dam should be completed, according to contract, and was not till then to be delivered to Plearn and Sanders: that it did remain in the custody of Thomas for some time, but that before the completion of the