
    McClain against McGee.
    
      May, 14.
    
    Where facts are alleged in an answer, sufficient to bar the relief ought in the bill; and the answer, tho’ not made a cross bill, requires the complainant to answer as to those facts—if he fails to do so, they must be taken as admitted, and the bill must be dismissed.
    Chancery.
    From the Circuit Court for Trigg County.
    [Mr. Ewing for plaintiff: Mr. Owsley for defendant.]
   The Chief Justice

delivered the Opinion of the Court.

Though the answer was not made a cross bill, yet, as it sought no relief, but only propounded interrogatories to the complainant, respecting the material and sufficient facts urged ¿y the respondent, in bar of the relief sought in the bill, the failure to answer those interrogatories should be deemed an admission of the facts alleged by the respondent, and concerning which, the complainant was thus interrogated.

Wherefore, the decree dismissing the bill and dissolving the injunction, is affirmed.  