This case is stronger than Capehart v. Biggs, ante, 261. Here we have an. unascertained balance due upon the mortgage, to say nothing of the charge of usury ; the fact of an action pending for damages by reason of a failure on the part of the defendants to comply with their part of the agreement; and the fact that the power to sell the land is subject to the conditions precedent, to-wit; that the balance due is not met by a sale of the crop, and by a sale of the property contained in the chattel mortgage.'

The proceeds of the sale of the crop is stopped by an •order still pending. The sale of the horses, mules, &c., ■under the chattel mortgage is stopped by an injunction still pending. In despite of these actions now pending the defendants seek to cut the “ gordian knot,” by a sale of the land under the power in the mortgage deed. This cannot be allowed.

No error.

Per Curiam. Judgment affirmed,.