761. Costs ensuing from mortgagee's refusal of tender.

761.     Costs ensuing from mortgagee's refusal of tender.

If the mortgagor makes an unconditional tender of a sum sufficient to cover the amount secured by the mortgage, at a time when he is entitled to pay off the mortgage1, and the mortgagee refuses to accept it, the mortgagee must pay the costs of a redemption claim thus made necessary2. If he fails on part of his case, he may be disallowed costs of that part3. In order to throw the costs on the mortgagee, the mortgagor must make an actual tender4, notwithstanding that there is a dispute