196 SALMON v. CLAGETT.—3 BLAND.

The validity of the mortgage has been sustained, and it is in proof,
that there is still a large amount of debt covered by it. These
points having been investigated and determined, as a necessary
basis for the decree now called for in relation to the injunction,
must be considered as closed and finally concluded between these
parties and those claiming under them, on any bill, which may be
hereafter filed, either to foreclose, or to redeem. But it would be
needless now to determine the exact amount of the debt due; and
therefore I deem it unnecessary to say whether the sum received
from Penrice by Thomas Clagett, or the house-rent, ought or ought
not to be considered as parts of the mortgage debt, the amount of
which it will be most proper to determine hereafter upon another
bill, Marshall v. Thompson, 2 Mun. 412; Sparks v. Garriques, 1 Bin.
152.

Neither of the parties to this suit can sustain any substantial
injury from this injunction being made perpetual; because it will
merely so guard the property pledged as to give to the plaintiff the
full benefit of it, when he shall find it necessary, or be prepared to
come here, and ask to have it applied to the satisfaction of his
claim; and it will leave the defendants free to redeem and disen-
gage it from the lien by which it is now bound, at any time that
they may think proper to pay the debt. I shall, therefore, by a
decree quia timet (Nutbrown v. Thornton, 10 Ves. 161) continue the
injunction, so as to cover all the personal property now ascertained
to be embraced by the mortgage; subject to the further order of
the Court, on either a bill to foreclose or redeem.

Whereupon it is decreed, that the defendants be and they are
hereby restrained and enjoined, as prayed by the bill of complaint,
from selling, concealing, or removing beyond the jurisdiction of
this Court the negro men-slaves named Jack, Kitt, Adam, &c. and
four horses, &c. or any of them; or any other of the mortgaged
property in the possession of the said defendants or any of them
at the time the said injunction heretofore granted was served on
them, until the further order of this Court on any bill which may
* be filed by the plaintiff to foreclose the said mortgage; or
182 on any bill that may be filed by the defendants to redeem the
said property. And it is farther decreed, that as to the defendant
Richard H. Clagett, the injunction heretofore granted is herein
dissolved; and that the bill of complaint be and the same is herein
dismissed with his costs to be taxed by the register. And it is
further decreed, the defendants, other than the said Richard H.
Clagett, pay all the costs of this suit not heretofore ordered to be
paid by the plaintiff, to be taxed by the register.

From this decree the defendants appealed, and it was affirmed
5 G. & J. 314.