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SHELBY v. YANCY.

Whatever is not denied in pleading is virtually admitted. [Acc. Cooke v. Taylor. 2 Tenn. 49; Bailey v. Wallen, 1 Tenn. 198; Copeland v. May, 1 Tenn. 391; Rogers v. Kincannon, 3 Hum. 252.]

A demurrer to the declaration admits the covenant sued on, so that, on executing a writ of inquiry, after overruling the demurrer, it is not necessary to produce the covenant in evidence.

In this case there was a demurrer overruled, and a writ of inquiry, and now WHITE, for the defendant, insisted that the covenant should be produced. This is similar to a writ of inquiry, where proof must be made.

Per Curiam.

There is no necessity to produce the covenant nor to make proof of it, for it is admitted by the demurrer.

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SHELBY v. YANCY
(Jan 1, 1807)