Hill

— The action is upon a promissory note made by the defendants and payable to James Hill, now deceased. The defendants admit the execution of the note, but deny that it was ever delivered to the payee or anyone for him except as an escrow, upon a condition which has not happened. They proved at the trial by several witnesses, who were in no wise impeached or contradicted, that there were pending suits and controversies between the said James Hill and the defendant, T. L. Grigsby, who was in failing circumstances and was also indebted to one Christiansen; that said Grigsby was about to apply for the benefit of the bankrupt law of the United States, and that whilst their affairs were in this condition, a compromise was agreed upon between said Hill and Grigsby, whereby the latter was to execute to the former the promissory note sued upon in this action, with the other two defendants as indorsers or sureties, but only on condition that Grigsby could effect a similar compromise with Christiansen; that Hill acceded to these terms, and it was then mutually agreed that the note, when executed, should be placed in an envelope, together with proper receipts or discharges from Hill to…