98 HIGH COURT OF CHANCERY.

legitimate office of the process, or as possessing the character of a judicial

writ.
Where the material allegations of the bill are denied by the answer, the motion

to dissolve must prevail, unless the bill can he supported by testimony taken

under the act of 1835, ch. 380, sec. 8.
All averments of the bill, not denied by the answer, must, upon all questions

relating to the injunction, be regarded as true.
After the injunction was dissolved, the- defendant filed a petition, stating that

the complainants, in pursuance of the injunction, had taken possession of the

property, to which the defendant yielded, and prays that an order may he

passed, restoring the possession to the defendant. HELD—
That if the defendant has surrendered a possession previously held by him, he

he has done that which the court, by its injunction, did not command him to

do, and for which he has no right to ask for redress at its hands, and that the

petition should be dismissed.

[The bill in this case was filed by the Washington University
of Baltimore, and the surviving trustees under a deed of trust
from said university, stating that said trustees and certain cestui
que trusts under said deed, filed a bill in this court against the
university and Edward Green, claiming a sale of the property
conveyed by the deed, according to its provisions; and stating
that Green claimed the same as purchaser under an execution
against the university, recovered long after the deed of trust was
executed. That subsequent to the filing of said bill, Green in-
stituted an ejectment suit in Baltimore County Court for the
recovery of said property, making Holden B. Hill, steward of
the buildings of the university, defendant. That as Hill was
only the nominal defendant, the trustees, as they had a right to
do, interposed to defend the suit, and employed a counsel for
that purpose, who was the only one engaged for the defence.
That at January term, 1847, of said court, judgment by con-
fession was entered for the plaintiff, Green, with an agreement
for a stay of execution till the determination of the suit in chan-
cery. That the property consisted of large grounds and ex-
tensive buildings, in Baltimore, used for medical instruction,
and as an infirmary, and was so used when said judgment was
rendered, and long before, under the direction of the faculty of
said institution. That the suit in chancery had not been ter-
minated, although complainants had tried to bring it to a close,
when suddenly, on the 2d of August, 1847, Green in defiance