Possessory warrant. Tried before Judge Yason. At Chambers. November, 1866.

This was. a possessory warrant, sued out by the plaintiff in error, against the defendant, on the 2d of November, 1866, to recover possession of the cotton specified in the following receipt:

“Received from E. J. Champion, for G. W. Garmany, fifty-four four bales of cotton, marked and numbered as per margin, in the warehouse of Sims & Rust, at Albany, Georgia. Said bales of cotton to be delivered only to the order of theJMeehanics’ Savings and Loan Association, on payment of storage, (fire excepted.)

[Signed,] SIMS & RUST.

January 29th, 1862.”

Endorsed thus, “ G. W. Garmany is hereby appointed agent for the Mechanics’ Savings and Loan Association to receive the cotton’Jabove referred to, and to ship the same to Hiram Roberts, President, at Savannah. Said cotton to be held until the advance and all accumulated expenses are paid.

[Signed,] HIRAM ROBERTS.

Savannah, January 27th, 1866.”

Admissions made by the defendant.

1. That the Cotton was stored in the warehouse of Sims & Rust, Albany, Georgia, by--, on the — day of -, 18 — ; that subsequently it was sold to and became the property of the Savings and Loan Association, of which Hiram Roberts is President]; that on the 29th of January, 1862, Sims & Rust gave to the Association their warehouse receipt for the cotton; that the receipt presented is the one given; that the signature thereto is genuine, and that Hiram Roberts’ signature to the instrument on the back of said receipt, creating G. W. Garmany, agent, etc., is genuine.

2. That before the war it was the universal and uniform custom, and had been for many years, of warehousemen in Georgia, and in Albany, Georgia, to charge for storage 25 cents per bale for the first month, and 12-rj.- ceDts per bale for each month thereafter; and that by said custom, these were the rates when this cotton was first received, and, also, when the aforesaid receipt was given.

3. That there was a like custom for warehousemen to retain cotton stored until it was ordered out by the owner.

4. That they had a right to present the accounts to the owners, at any time, for their storage; but it was the custom, most usually, to wait until the cotton was ordered out; and they did not attempt to enforce their *liens upon cotton for storage until after demand and a refusal to pay.

5. That at the date of the receipt presented, the war was in full progress, and most of the cotton stored during the war remained in store until the war was over, because it could not be shipped to market in consequence of the blockade.

6. That the books of Sims & Rust show who stored the cotton in dispute, to whom it belonged, and where the owners lived.

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