There seems no serious contention that there is any dispute as to the amount due upon each mortgage. The answers deny that there is any, and the complaint does not clearly and distinctly aver that there is. The •case, therefore, does not fall within the principle laid down in Purnell v. Vaughan, 77 N. C., 268.
The allotment of a homestead, if made, would not interfere with the right of the mortgagees to sell under their mortgages, which contain no reservation of the homestead. There is no allegation that either of the mortgaged tracts is certainly of greater value than the mortgage upon it, (Hinson v. Adrian, 92 N. C, 121,) nor that the debtor has proceeded to have his homestead allotted either under one of the executions referred to, or by petition under Code, Sections 511, 515. Should the land sell for more than the *287mortgage debt, the surplus money is still realty, in which the debtor can assert his homestead, 'as against any execution. Hinson v. Adrian, supra. The debtor, having thus his remedy at law, cannot resort to an equitable one.
' The plaintiff lias not alleged nor shown that any irreparable damage will accrue to him if the injunction is not granted, nor any reason why the'Court should substitute a commissioner to sell the property in lieu of those designated by the agreement of the partie's in the mortgages, nor any legal ground why the court should order the moitgaged property to be divided and sold in parcels when it is not so stipulated in the mortgages. Scott v. Ballard, 117 N. C., 195. The defendants, however, voluntarily agree that the property may be sold in lots to suit purchasers. By consent of parties, it might be sold in lots, and at the same time each tract as a whole, the property to be disposed of as the result of the two sales. proves most advantageous. In refusing the injunction there was no error.
No erro1'.