Ex Parte South

Although the complaint refers to the instrument sued on as a promissory note, and the instrument itself refers to the money agreed to be paid as a donation, it is clear from its terms that it is simply a subscription to procure the construction of a designated public road — a "state highway road leading from Fayette to Bluff to Guin, Ala." Being payable conditionally upon the completion of such a highway, it is not technically a promissory note (Louisville Banking Co. v. Gray, 123 Ala. 254,26 So. 205, 82 Am. St. Rep. 120); and, while there may have been a technical variance between the…