769. Priority of mortgagee's costs.

769.     Priority of mortgagee's costs.

The mortgagee's right to costs extends to the costs of a claim in which his security is realised by sale1, but his priority for his debt and costs over the costs of other parties depends on the object of the claim. If the claim is designed to give the mortgagee no benefit beyond the realisation of his security, or if the matter within the court's jurisdiction is in effect the equity of redemption only2, the mortgagee is entitled to priority over the costs of other parties; this is so in an administration