Opinion
1807.
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.
There is no necessity to produce the covenant nor to make proof of it, for it is admitted by the demurrer.