AET. 66] INJUNCTION TO STAY SALE. 1527

The jurisdiction of the court depends upon the allegations alone. Extent
of such jurisdiction. Barrick v. Horner, 78 Md. 258. And see Gayle v.
Fattle, 14 Md. 84.

The mere payment of usury will not entitle the mortgagor to an Injunc-
tion; contra, if the payments on principal and interest are equal to or greater
than the indebtedness. Gantt v. Grindall, 49 Md. 313; Walker v. Cockey,
38 Md. 78; Powell v. Hopkins, 38 Md. 13.

Purpose of this section. It is only declaratory of a general principal of
equity. Powell v. Hopkins, 38 Md. 11.

A sale will not be stayed because a stranger has instituted ejectment,
there being no allegation that his claim is valid. Gayle v. Fattle, 14 Md. 85.

This section is not applicable to mortgage sales under the local law appli-
cable to Baltimore city. Abrahams v. Tappe, 60 Md. 322.

This section referred to in construing section 9. Warfield v. Ross, 38
Md. 90.

For a note on injunctions "affecting mortgages and parties thereto," see
Salmon v. Clagett, 3 Bl. 125.

Cited but not construed in Heck v. Renika, 47 Md. 75.

As to injunctions in general, Bee art. 16, sec. 78, ct seq.

1904. art. 66, sec. 17. 1888, art 66, sec. 17. 1860, art. 64, sec. 16.
1826, ch. 192, sec. 8.

17. If any such injunction shall be granted the court or judge grant-
ing the same shall have power, on proof of ten days' notice to the
plaintiff, to hear and decide on a motion to dissolve such injunction,
and on hearing any such motion, if the court or judge shall feel satis-
fied that the same was obtained through misrepresentation and for
delay, the court or judge shall decree that the party who obtained the
same shall pay interest to the mortgagee or to the party claiming
under him at the rate of ten per cent, per annum on the amount of
the mortgage debt from the time of granting the injunction until the
same shall be dissolved and shall enforce the execution of such decree
as in other cases.

Ibid. sec. 18. 1888, art. 66, sec. 18. 1860, art. 64, sec. 17.
1826, ch. 192, sec. 8.

18. Before granting any such injunction the court or judge grant-
ing the same shall require the plaintiff or some person on his behalf,
with at least two good securities to be approved by said judge or clerk,
to execute to the mortgagee or person claiming or acting under him,
and file in court a bond in such penalty as the court or judge shall
prescribe, conditioned to obey, abide by, perform and fulfill such decree
and order as shall be made in the premises, upon which bond the mort-
gagee or his assigns shall be entitled to recover all such debt, damages,
interest and costs as shall be decreed on dissolving the injunction.

The filing of a bond, is a condition precedent to the granting of an injunc-
tion under section 16. Thrift v. Bannon, 111 Md. 308.

Ibid. sec. 19. 1888, art. 66, sec. 19. 1860, art. 64, sec. 18.
1826, ch. 192, sec. 6.

19. The purchaser of any estate or interest in lands and tenements
sold under this article, on the confirmation of the sale to him, shall be
entitled to sue forth out of the court confirming the same, a writ of
97