458. When mortgagee may be restrained from exercising power of sale.

458.     When mortgagee may be restrained from exercising power of sale.

The mortgagee will not be restrained from exercising his power of sale because the amount due is in dispute1, or because the mortgagor has begun a redemption claim2, or because the mortgagor objects to the manner in which the sale is being arranged3. He will be restrained, however, if the mortgagor pays the amount claimed into court4, that is, normally, the amount which the mortgagee claims to be due to him5, unless, on the terms of the mortgage, the claim is excessive6; but where he was