440 MURDOCK'S CASE.—2 BLAND.

In a bill filed by a mortgagee to stay waste, before the debt became due, the
prayer for a sale being incompatible with its other statements, was re-
jected as surplusage; and such a bill was not, afterwards, on a bill to
foreclose or sell, considered as another bill then pending for the same
cause of suit.

Although no trustee can himself purchase, yet a plaintiff, creditor, or mort-
gagee, may purchase at a sale made by a trustee; and the purchase
money, after deducting all commissions, expenses, and costs, may be
discounted from or applied to the discharge of so much of the debt,
when adjusted, then due to such purchaser.

After the ratification of the sales the purchaser may be put into possession,
if no good cause to the contrary be shewn.

That the Court may not be baffled, it may order that the bids of some per-
sons be not received, or received only upon condition.

The object of an injunction granted before answer, is to preserve all things
in their then condition; not to determine any right by anticipation, or
to undo or restore any thing, except only in so far as it may conse-
quentially follow from the operation of the injunction.

The mode of obtaining and proceeding upon an attachment for a breach of
an injunction.

Pragmatic trespassers, pending an injunction bill, may be made to remove
the erections made by them on the property in controversy, (a)

THIS bill was filed on the 15th of January, 1825, by William
Brewer against Elizabeth Murdock, in which it was stated, that
the late Gilbert Murdock and the defendant, his then wife, on the
27th of February, 1822, to secure to the plaintiff the payment of
the sum of $500 on or before the 27th of February, 1825, and
the annual payment of the interest thereon, mortgaged to him a
tract of land, belonging to her, called Proctor's Forest; that the
whole interest had been paid as it became due; that the defendant
was cuttiug and carrying away the timber and wood growing on
the land, by which means it would be so lessened in value as not
to sell for sufficient to pay the mortgage debt. Upon which he
prayed for an injunction to stay waste, and that a decree might be
passed for the sale of the mortgaged premises for the payment of
462 the debt * and interest, and for general relief. An injunc-
tion was granted as prayed.

The defendant, by her answer, admitted the cutting and carry-
ing away of timber, as charged, but averred that the land would,
notwithstanding, be more than sufficient to pay the debt; and as
to the prayer for a sale, she relied on the fact that no part of the
debt was due at the time the bill was filed.

Upon hearing of the motion to dissolve, on the 11th of October,
1825, the injunction was continued to the final hearing or further
order.

(c) Cited in Washington Univ. v. Green, 1 Md. Ch. 101. See Salmon v.
Clagett, 3 Bland, 125, note.