615. Rules as to defendant's costs.

On the question of costs in foreclosure proceedings the following rules have been recognised:


    (1)     if a defendant has no interest1, and claims no interest, at the commencement of the claim or afterwards, he is not properly made a party2. If he disclaims either before or after3 the commencement of the claim in terms which shows this to be the case, he is entitled to his costs against the claimant4.


    (2)     if a person has an interest, he is prima facie a necessary party, but if he disclaims or offers to disclaim before proceedings are brought, and the disclaimer