ART. 661 INJUNCTION TO STAY SALE. 1549
claim under such party a right to or interest in such mort-
gaged premises, derived and accruing after the time of record-
ing such mortgage, nor unless such party shall on oath allege
that the mortgage debt and all interest due thereon has been
fully paid, or that some part of such debt or interest, the
amount of which he shall state, has been paid, and that the
mortgagee or person acting under him refuses to give credit
for such amount, or that some fraud which shall be particularly
stated in the bill or petition for injuntion was used by such
mortgagee, or with his knowledge, in obtaining the mortgage.
Gayle v Fattle, 14 Md. 69. Powell v. Hopkins, 38 Md. 1. Walker v.
Cockey, 38 Md. 75 Warfield v. Ross, 38 Md. 85. Comegys v. Clarke, 44 Md
108. Suit v. Creswell, 45 Md. 529. Grant v. Grindall, 49 Md. 313. Brick
Co. v Robinson, 55 Md. 410. Dance v. Dance, 56 Md 537. Abrahams v.
Tappe, 60 Md. 318. Chilton v. Brooks, 69 Md. 587. Roberts v. Loyola P.
B. Asso., 74 Md. 1. McNiece v. Eliason, 78 Md. 168.
1888, art. 66, sec. 17 1860, art. 64, sec. 16. 1826, ch. 192, sec 8.
17. If any such injunction shall be granted the court or
judge granting the same shall have power, on proof of ten
days' notice to the plaintiff, to hear and decide on a motion to
dissolve such injunction, and on hearing any such motion, if
the court or judge shall feel satisfied that the same was
obtained through misrepresentation and for delay, the court or
judge shall decree that the party who obtained the same shall
pay interest to the mortgagee or to the party claiming under
him at the rate of ten per cent, per annum on the amount of
the mortgage debt from the time of granting the injunction
until the same shall be dissolved and shall enforce the execu-
tion of such decree as in other cases.
Ibid. sec. 18. 1860, art. 64, sec. 17. 1826, ch. 192, sec. 8.
18. Before granting any such injunction the court or judge
granting the same shall require the plaintiff or some person on
his behalf, with at least two good securities to be approved by
said judge or clerk, to execute to the mortgagee or person
claiming or acting under him, and file in court a bond in such
penalty as the court or judge shall prescribe, conditioned to
obey, abide by, perform and fulfill such decree and order as
shall be made in the premises, upon which bond the mortgagee
or his assigns shall be entitled to recover all such debt,
damages, interest and costs as shall be decreed on dissolving
the injunction.
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