MURDOCK'S CASE. 401

taken pro confesso; that the said several deeds and conveyances
from the said Jasper Peddicord to the said Jeremiah Barthellow,
and to the said Asbury Peddicord, in the bill mentioned, be, and
the same are hereby declared to be fraudulent and utterly void as
against the said plaintiff; that the property be sold; that Thomas
S. Alexander be the trustee to make the said sale, &c.

MURDOCK'S CASE.

An injunction to stay waste granted to a mortgagee, before the mortgage debt be-
came due.—A defendant may be permitted, by a supplemental answer, to explain
equivocal expressions used in his first answer, leaving the first answer to stand.—
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 rejected as surplus-
age; 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 mortgagee, may purchase at a sale
made by a trustee; and the purchase money, after deducting all commissions, ex-
penses, 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 con-
trary be shewn.—That the court may not be baffled, it may order that the bids of
some persons 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 consequentially 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.

THIS bill was filed on the 15th of January, 1825, by William
Brewer against Elizabeth Murdoch, in which it was stated, that the
late Gilbert Murdoch 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
cutting 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 the debt
59 v.2