92 HIGH COURT Of CHANCERY.

mortgagee was in fault, in permitting the mortgagor to continue
in possession. Eden on Injunctions, 166; Robinson vs. lAtton,
38 Atk. 210; Fanant vs. Lovel, ib., 723.

It is true, that it is established in Maryland, that unless there
is some agreement between the parties to the contrary, the mort-
gagee is entitled to the possession of the property, immediately
upon the execution of the mortgage, and this without regard to
whether there is a forfeiture or not. Jamison vs. Bruce, 6 G.
& J., 72. And hence it follows, that though either before or
after forfeiture at law, the mortgagee may take possession of the
property, or recover it by an action of replevin, he is not on this
account precluded from the right of having it protected in this
court, until it can be made available by a decree for the pay-
ment of the debt charged upon it.

If it be urged, that there is no necessity for the interposition
of the court in this case by injunction, because the debt being
due, the mortgagor may possess himself of the property by re-
plevin, the answer is, that the same right would exist, though
the debt was not due, and in the latter case the Court of Appeals
have expressly affirmed the power of this court to preserve the
property by injunction.

Though the case of a mortgage forms an exception to the gen-
eral rule, that a party shall not be allowed to sue in law and in
equity for the same debt, and a mortgagee may, without re-
straint, sue upon all his remedies at once, (having nevertheless
but one satisfaction,) yet he is under no obligation to do so,
and it would certainly be falling short of the demands of justice,
and the exigency of the case, if this court, when the remedy is
sought exclusively here, has not the power in a proper case, to
protect the subject of the controversy from destruction, while
the suit is depending. 3 Powel on Mortgages, 966 and note 1 ;

Jones vs. Conde, 6 Johns. Ch. Rep., 77.

I am, therefore, of opinion, that when a mortgagee files a bill
in equity for a sale of the mortgaged property, fcr the satisfac-
tion of his debt, being then due, and alleges, that it being in
possession of the mortgagor, has been, or is about to be wasted :

or where it consists of personalty, is about to be removed be-