
    Usry vs. Saulsbury, Respess & Co.
    1. An averment that “since the said sums became due the said Saulsbury, Respess & Co., by their agent, the said James M. Bateman, have demanded payment thereof of the said Wm. Usry,” is a sufficient averment of a demand upon Usry as the owner of the crop and maker of the lien, the fact that he was such and that Bateman was the agent of the plaintiffs appearing elsewhere in the affidavit to foreclose the lien.
    2. If it appear from the date of the judgment of foreclosure and of the levy, that the execution must have been issued between those two dates, and that every step was taken in time to foreclose and enforce the lien, the omission by the clerk to date the fi. fa. is not fatal to the case.
    3. A draft signed by Wm. Usry and indorsed by him and addressed to Saulsbury, Respess & Co., Macon, G-a., and promising to deliver to them cotton enough to pay it, or in default of such delivery, to pay the sum specified to them, is sufficient to bind Usry as the maker and indorser thereof, though made payable to the order of blank— the blank being left unfilled with the word “ myself.”
    4. A levy upon corn in February, 1874, under an execution issued upon the foreclosure of a lien-upon the crop of 1873, is sufficient, espe-
    ■ cially when it is pointed out for levy by the defendant.
    5. The other objections made in the bill of exceptions are not true in fact, as appears from the record. 13 Oa., 55.
    Jackson, Justice.
    Lien. Executions. Negotiable instruments. Levy and sale. Before Judge Crisp. Sumter Superior Court. October Adjourned Term, 1877.
    Plaintiffs proceeded by affidavit, on February 13, 1874, to foreclose a merchant’s lien on the crop of Usry for 1873. The affidavit stated the furnishing of the fertilizers for which the suit was brought; that one Bateman was the agent of plaintiffs, who were merchants; that defendant gave two written promises, and created a lien iu writing on his crop for 1873 to secure the debts; that they have become due ; that “ since the said sums became due, the said Saulsbury, Respess & Cd., by their agent, the said James M. Bateman, have demanded payment thereof of the said Wm Usry,” etc.
    Execution issued, but appears from the record not to have been dated. It was levied February 21, 1874. An affidavit of illegality was filed. On the trial defendant moved to dismiss the case for want of proper allegation in the affidavit as to a demand on him. The motion was overruled.
    Plaintiffs tendered in evidence the execution with the indorsement of levy thereon. Defendant objected because the execution was not dated and was insufficient in law, and because the levy did not appear to be on the crop of 1873. It was admitted in evidence.
    Plaintiffs tendered in evidence two written instruments, one of them as follows, and the other differing from it only in amount and in not being witnessed:
    “ $222.00. Macon, Ga., March 13th, 1873.
    “ On the 1st day of October next, please pay to order of -two hundred and twenty-two dollars, for value received as an advance on my crops to be raised the present year (including your comissions for the same), for the purchase of provisions and commercial manures tp make said crop; and for the purpose of securing the payment of this draft at or before maturity, I hereby create a lien in your favor, with authority to transfer the same, on my crop of cotton and other crops growing and to be grown by me, or in which I have or may have any interest, as also on my stock of all kinds now on my plantation in Sumter county, consisting of-. And I agree to deliver to yod at your warehouse before the maturity of this draft a sufficiency of cotton to pay the same. Which cotton you are authorized to sell at your discretion for that purpose. If I fail to pay this draft punctually at maturity, it is to bear interest from its date, and I agree to pay all costs and and counsel fees incurred in its collection, above obligation payable at my option in middling cotton at fifteen cents per pound, delivered in Macon, Ga.
    (Signed) “ Wm. Usrt. [l. s.] ”
    “To Saulsbury, Respess & Co.. Macon, Ga.”
    Executed in the presence of E. L. Bacon.
    Indorsed on back, Wm. Usry.
    To these instruments defendant objected, among other reasons, because they were not such as to bind any one, being payable to the order of blank, indorsed by the drawer, and not accepted by any one. The objection was overruled, and the instruments admitted.
    The jury found for plaintiffs. Defendant excepted, and assigned each of the above rulings as error. There are also other objections to the above rulings stated in
    
      the bill of exceptions, but they are not corroborated by the record.
    Hawkins & Hawkins for plaintiff in error.
    Guerry & Son, for defendants.
   No opinion. The questions raised are decided in the head-notes.  