WASHINGTON UNIVERSITY VS. GREEN. 103

Looking then to the bill and answer alone, upon the respon-
sive character of which the fate of the injunction must depend;

and seeing that the material allegations of the former are de-
nied by the answer, it would seem to follow, that the motion to
dissolve must prevail, unless the bill could be supported by
testimony taken according to the 8th section of the act of 1835,
ch. 380. And this appears to have been the view taken
at one time by the complainants themselves, who subsequently
to the filing of the answer, applied for and obtained an order
agreeably to the provisions of the act; and perhaps it may not
be unworthy of consideration, that their neglect or failure to
take evidence, after obtaining authority to do so, leads to the
inference that the denials of the answer were not capable of
contradiction. Prior to the passage of this act of assembly,
affidavits as a general rule could not be read in opposition to
the answer, though a different practice obtained in one or two
excepted cases. Eden on Injunctions, 326.

The attention of the court, upon this motion, is confined ex-
clusively to the injunction; which depends, in the absence of
testimony under the act of assembly in reference to the allega-
tions of the bill, upon the question, whether its averments, con-
stituting the ground of the injunction, have been denied by the
answer.

It is deemed of course premature at this time, to form or ex-
press any opinion upon the relative rights of the parties, as
founded upon the deed of trust, and the judgment under which
the defendant purchased. The proper time for that will come
at a future period, when it will receive due consideration.

The Chancellor upon full reflection, thinks the equity upon
which this injunction rests has been sworn away by the answer,
and consequently that it is his duty to pass an order dissolving
it, which will accordingly be done.

[After the dissolution of the injunction, a petition was filed
by the defendant Green, the matter of which, and the grounds
upon which it was resisted by the complainants, will appear
from the following opinion delivered by the Chancellor :]