768. Costs of parties claiming under mortgagee.

768.     Costs of parties claiming under mortgagee.

Where a sub-mortgagee1 is a necessary party, he has his costs against the mortgagee, and the mortgagee adds them to his own debt2. This rule applies, however, only to costs due to persons claiming under the mortgagee. The mortgagee is not bound to pay, and add to his security, the costs of necessary parties claiming under the mortgagor, such as a trustee in bankruptcy3.