583. Co-mortgagees instituting foreclosure proceedings.

583.     Co-mortgagees instituting foreclosure proceedings.

Where there are co-mortgagees, they may institute foreclosure proceedings jointly, or, if some are unwilling to be joined as claimants or have done some act precluding them from suing in that capacity, one may sue by himself, provided he makes all the others defendants1. A mortgagee entitled to part only of the mortgage money, however, may not sue alone and obtain foreclosure of a corresponding part of the mortgaged estate2. Unless the advance is made on a joint account, the mortgagees are tenants in common of the mortgage money, and,