642. Assignment of part of property subject to paramount charge.

642.     Assignment of part of property subject to paramount charge.

If the owner of the two properties at the time of severance was not the creator of the prior charge, but that charge is paramount to his title, then he can claim the benefit of the rule of equality as between himself and his assignee, whether for value or not; and if he or his representatives pay off the first mortgage, the assignee must contribute1. It is otherwise if the assignor has on the assignment attached to the property assigned a right of exoneration2, in