SALMON v. CLAGETT.—3 BLAND. 117

the other defendants his children. Soon after the death of the late
William, his widow, having been appointed his administratrix,

restraining defendant from selling the goods. Held, 1. That after a final
decree in favor of complainant and perpetuating the injunction, an objec-
tion in the Court of Appeals that the bill made no case entitling complain-
ant to an injunction, if intended as an exception to the jurisdiction of the
Court below, came too late. 2. That an injunction was not the primary ob-
ject of the bill, but ancillary to the relief sought by the prayer for an
account and cancellation of the bill of sale, and that the allegations of the
bill were amply sufficient to give jurisdiction on those grounds, and to au-
thorize an injunction as an auxiliary remedy. Laeber v. Langhor, 45 Md.
477.

Where a junior mortgagee advertises to sell the property free of incuni-
brances, such sale will be restrained at the instance of a party having a prior
lien. Brick Co. v. Robinson, 55 Md. 410. 416. But where the junior mort-
gagee does not so advertise, and is proceeding to sell the property in pur-
suance of Art. 4. sec. 782. et seq. of the Code of Local Laws, he will not be
enjoined, at the instance of a prior mortgagee, who was not a party to the
cause in which the decree for the sale was obtained, from selling the mort-
gaged property. Such a sale is made subject to the rights of the prior mort-
gagee. Tome. v. Loan Co. 34 Md. 12.

A mortgagee will not be restrained from selling under a power in the mort-
gage, on the application of a trustee claiming under a deed of trust subse-
quent to the mortgage, who had also advertised the property, on the ground
that the terms of sale were harsh, and that the title would be clouded.
Powell v. Hopkins, 38 Md. 1. [Under the former Federal Bankrupt law, the
power of sale in a mortgage could not be exercised except with the assent
of the assignee in bankruptcy. 37 Md. 259; 20 Wallace, 414.]

Application by a mortgagee to stay sale of leasehold property by an ad-
ministrator, under an order of the Orphans' Court, refused, because the
title of the administrator superior in this case, but the bill retained to en-
force payment by the administrator to the mortgagee, for improvements, &c.
Gavin v. Carling, 55 Md. 580. Where no bond, or an insufficient one, has
been given by the trustee to sell mortgaged property, an injunction to re-
strain the sale is not the proper remedy. Suit v. Creswell. 45 Md. 529.

Injunction granted on application of a mortgagee of personalty to restrain
an officer from selling the equitable interest of the mortgagor in an un-
divided and ungathered crop and in farming implements, under executions
on void judgments against the mortgagor. Martin v. Jem'11, 37 Md. 330.
Injunction granted, at the instance of the State as mortgagee of the C. & O.
Canal Co.. to prevent an attaching creditor from affecting the Co's moneys.
Brady v. State. 26 Md. 290. Cf. Brown v. C. & O. Canal Co. 115 U. S.

obtained a judgment against B. and issued an execution which was
levied on certain personalty previously mortgaged by B. to his wards to
secure a balance due them on his accounts as guardian. The mortgagees
filed a bill to restrain the sale. L. in his answer simply alleged that, by
virtue of his execution and levy, he became entitled to a decree for a sale of
the property. It was in evidence that the property was not sufficient to pay
the mortgage debt. The Court below granted the injunction, but decreed a
sale of the property. On appeal by the mortgagees, held, 1. That L. having
nowhere alleged that his debtor had no other property, and that the property
in question was more than sufficient to pay the mortgage debt, the Court
below could not assume that a sale under a decree would be of any advan-