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SALMON v. CLAGETT. 181
defective, or insufficient in its origin; or had been nullified by the
fraud, or any improper act of the plaintiff; or had been fully satis-
fied, the plaintiff could not have had any foundation on which to
call for the preservation and protection of property which never
had been, or had ceased to be thus legally pledged for his benefit.
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. (z)
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 (y) continue the injunction, so as to cover all the
personal property now ascertained to be embraced by the mort-
gage; 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
(x) Marshall v. Thompson, 2 Mun. 412; Sparks v. Garriques, 1 Bin. 152.—
(y) Nutbrown v. Thornton, 10 Ves. 161.
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