767. Costs of successive incumbrancers.

767.     Costs of successive incumbrancers.

Where there are successive incumbrancers, the rule as to the right of a mortgagee to reimbursement1 in general prevails, and each incumbrancer adds his costs to his security2. Accordingly, the costs are repayable in the same priority as the debts3, and in a priority suit the costs usually follow the mortgages, but the court has a discretion and may order one or other of the claimants to pay the costs if a case is made for it4. If a second mortgagee makes an unsuccessful claim to priority in the